Michigan Supreme Court declines to review questionable search

CATCHICK LAW BLOG

Michigan Supreme Court declines to review questionable search

Posted January 4th, 2016 - Under Constitutional Law, Criminal Law, Recent News

The Michigan Supreme Court has declined to review a Michigan Court of Appeals decision allowing Kenyon Robertson to stand Trial, despite questions about the search leading to his arrest. Back in July 2012, the Pontiac police received an anonymous tip that a “Leroy Jackson” had heroin at a local bus stop. At the time, Leroy Jackson was accompanied by Kenyon Robertson, but the tip did not mention Mr. Robertson. When the police went to arrest Leroy Jackson on an outstanding warrant, Mr. Robertson provided an incorrect I.D. card, and “acted nervous.” The police handcuffed Mr. Roberson. A police dog “alerted” on Mr. Robertson, but no drugs were found on him. After questioning, Mr. Robertson admitted that he had earlier smoked marijuana with Leroy Jackson, and based on that response, the police searched Mr. Robertson again, and this time they found heroin on him. The Court of Appeals upheld the search, even though the anonymous tip never mentioned Mr. Robertson, and even though the initial drug-dog search of Mr. Robertson revealed no drugs.

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