HTTP/1.0 200 OK Content-Type: text/html Marijuana Butter Case Tossed Out By Michigan Appeals Court
Pubdate: Thu, 23 Nov 2017
Source: Detroit Free Press (MI)
Copyright: 2017 Detroit Free Press


GRAND RAPIDS, Mich. -- A Michigan judge has thrown out a case against
two former corrections officers who lost their jobs after being
arrested and charged with possession of marijuana-infused butter.

Michael Frederick and Todd VanDoorne were charged in 2014 following an
early-morning, warrant-less search of their homes. Both were
registered under the state's medical marijuana law to use the butter
to control pain. Police allege they didn't comply with the law. They
subsequently lost their jobs in Kent County.

The Michigan Court of Appeals said the tactics police used were
legitimate. But the state Supreme Court ruled in June that the search
of the men's homes violated their constitutional rights, even though
both consented to the searches.

Kent County Circuit Court Judge Dennis Leiber then ruled on Tuesday
that Frederick and VanDoorne's consent didn't override the violation
of their rights.

"Deputies clearly intended to go on the property without a warrant in
the middle of the night, seeking to question Defendants about criminal
conduct. No emergency circumstances existed to justify the search," he

The case can't move forward because the evidence gathered during the
search can't be used in trial, Leiber said.

"He's ecstatic and exhausted, physically and mentally" said Bruce
Block, VanDoorne's attorney.

Block said Frederick and VanDoorne will likely try to get their jobs

"I think they should not have been fired," Block said.

Prosecutor Chris Becker said he plans to appeal the decision and that
his office is prepared to take the case to the U.S. Supreme Court.
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