Michigan Court of Appeals Decided August 28, 2012

Before a police officer can get a warrant to search a house they must establish probable cause that there is evidence in the house of a crime. Detective Bytwerk of the West Michigan Enforcement Team was told that Brown was growing marijuana in his house. The detective searched Anthony Brown’s trash and found marijuana. Based upon that evidence alone he received a search warrant where he found eight marijuana plants. Brown, a card carrying medical marijuana patient, sought to have the case dismissed because the search warrant request did not contain the fact that he had a MMMA card. The Michigan Court of Appeals ruled that it did not have to. It stated that the provisions of the medical marijuana law does not make pot legal but provides an exception to those who have a card. Therefore, the warrant was proper. Upon entry, if Brown was in possession of his card and was operating within the MMMA, the cops would have had to leave. Unfortunately, Brown was not in full compliance with