Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:08):
Seriously, when the going gets tough, you don't want a
criminal lawyer, right, You want a criminal lawyer? Know what
I'm saying?
Speaker 2 (00:17):
Yeah? We do. Did I just hear there's a movie
out this weekend, black Phone two, with a serial killer
in it called The Grabber? Did you think the same
thing I did when you heard his name? Is the Grabber?
Too much politics? Maybe it's Michael Patrick shields with you.
You want to ensure your future, you want to land
your first job. That's what Eastern Michigan University is built for.
(00:40):
This is where you'll find in demand programs that have
one hundred percent job placement one hundred percent job placement
one hundred percent. You'll work with tech evolving at the
pace of change. You can shape tomorrow and get ready
to lead, not follow. Eastern Michigan University grads get more
jobs period apply today at e mish E d you
(01:02):
that audio you heard was from Better Call Saul? No,
it was from Breaking Bad. It was Saul who got
all the attention in that series. He got his own
spin off in fact, and it was about attorneys for sure.
I'm curious. I'm reading an article here, so I'm going
to ask Mike Nichols, the co founder of the Nichols
Law Firm with his wife Wendy, and East Lansing to
pop in here. I'm not going to say the city,
(01:25):
but I'm a little article in a local paper says
that the police department in this city will conduct a
sobriety and driver's license checkpoints on October twenty fourth, operational
from eight pm until two am. All traffic will pass
through the checkpoint on this certain road, and motorists will
(01:45):
be stopped and contacted by uniformed officers who will be
checking for alcohol or drug impaired drivers and make sure
everybody has a valid driver's license. Kind of interesting for
them to put it in the paper, forewarned, forearmed on
that one, isn't it, mister Nichols.
Speaker 3 (02:03):
Well, that's the requirement in almost every state that allows
sobriety checkpoints. You have to tell people, and that's why
you came across that. I'm surprised you hadn't seen one
of those before. That's not in Michigan, though.
Speaker 2 (02:17):
Is it. Well? I was pulling up on one once
and I said, what's going on up there? And I said,
I wasn't drinking or anything, but I'm like, I don't
want any part of that, So I just turned off
on a side street and drove away. Are you allowed
to do that? Is that okay?
Speaker 3 (02:32):
Sure? Sobriety checkpoints are also forbidden in the state of Michigan.
Speaker 2 (02:38):
Well, if you are pulled over, we often ask, you know,
what are you allowed to do? What are they allowed
to do? And it's not that we're trying to get
people to get away with things, but it's an effort,
like that newspaper article to forewarn people. And now the
Supreme Court is looking at a case where as I
understand it, the officer may or may not have smelled marijuana.
Speaker 3 (03:01):
Yeah, that's people versus Wilkins. And it was argued in
that Supreme Court special session up at what was that
big Rapids High School up in Macosta County.
Speaker 2 (03:12):
Did they ever heard on WBRN.
Speaker 3 (03:14):
Okay, there you go also home of Farris State University,
and boy, there's a lot of Fourth Amendment stuff going on.
In that particular case, mister Wilkins and his passenger not
twenty one at the time of this stop. They're pulled
over for a valid reason, which was speeding. You can
stop somebody for speeding even if you think you're gonna
(03:37):
explore other or investigate other things as an officer, and
the officer smelled marijuana when the window was rolled down,
the driver's side window, and at least that's the officer's claim,
and then from there he starts investigating. And really this
turns on whether or not you can automatically as assume
(04:01):
or somehow infer that if you smell marijuana, you can
pretty much assume that it's two point five ounces of marijuana.
And that's important because that's the distinction for somebody under
twenty one between a civil infraction and a misdemeanor crime.
A civil infraction, the officer would not have had the
(04:23):
ability to just get the kids out of the car
and search the car. If he suspects a crime, then
he could. He searches the car, finds the marijuana. Of course,
then he finds a gun. And that's where things got
pretty haywire, and it turned into a serious felony because
neither mister wilkins Nor's passenger or a CPO concealed pistol
(04:45):
license owners.
Speaker 2 (04:48):
I guess does this come down to the police. If
they smell marijuana, they can make you get out of
your car. So they can have a look.
Speaker 3 (04:55):
See there's a case that is just a few months old.
They came right before this, called people versus Armstrong that
answers that question in the negative. In other words, the
smell of marijuana alone is not enough to get you
out of the car.
Speaker 2 (05:12):
Is that true for alcohol too?
Speaker 3 (05:15):
The strong odor of alcohol under a case called people
versus Rizzo rizzo, that's enough to order somebody out of
the car to continue in owy or drunk driving investigation.
Speaker 2 (05:27):
Boyes like lost from Michael Patrick today. Yeah, well, these
might be dumb questions, but it seems sort of vague.
What is strong versus the smell of alcohol? And by
the way, I thought alcohol was odorless.
Speaker 3 (05:41):
Yeah, well it is. And that's another fair point. There's,
you know, the smell of the flavorings in alcohol that
are kind of consistent that we all kind of know. Like,
you know, I said good night to Morgan last night.
She said, do you like beer? And I said, I kind,
I've been drinking beer. I've been drinking beer and wine,
you know. I mean, Uh, it's it's the odor that's
(06:02):
consistent with an alcoholic beverage. Alcohol itself is odorless, odorless, Yes, yeah,
but you kind of got me off track. I argue
that strong versus just the officer saying I detected the
odor of alcohol. I argue that a lot and and
a lot of a lot of the time, the judges
just kind of blow past it.
Speaker 2 (06:24):
M hm hm. And what about speaking of blowing past it?
Can you is there a breath test for for marijuana?
Speaker 3 (06:35):
There is a roadside saliva test that is on the market,
not used in Michigan, at least not yet, but you know,
it's detecting the enzyme in your saliva and trying to
compare it with basically a cartridge that's got the library
(06:56):
of enzymes that is consistently Uh, it's not great, it's
not very specific. I wouldn't really rely on it.
Speaker 2 (07:07):
It's the people versus Freddie Wilkins. Were police allowed to
search a car without a warrant after stopping mister Wilkins
for speeding and the Supreme Court is going to make
the decision they would be wise to consult Mike Nichols
and his wife Wendy, and so would you. And he's
lancing on these matters and study up ahead of time,
(07:27):
and don't drink and drive and don't drive high.
Speaker 4 (07:30):
Looking for your next sunny getaway, whether it's to your
favorite theme park, relaxing beach time, a golf trip, or
just feeling the sun on your face. Breeze Airways as
you covered with convenient non stop flights from Lansing's Capitol
Region International Airport to Sonny, Orlando and Fort Myers. Travel
with these by visiting Flybreeze dot com or by downloading
(07:53):
the Breeze app. Fly lancing on Breeze Airways seriously nice.
Speaker 1 (08:00):
Make your Halloween a good deal spookier Admire with frightenedly
good low prices. Get twenty five percent off costumes for
you and your little creatures. Select fun sized bag candy
is only nine ninety nine. Indoor party decorations and throws
are also twenty five percent off. Perfect for turning your
home into a chillingly fun spooky house. The selection and
savings Admire are enough to make you go wonderfully batty.
(08:21):
You see what I did there? Batty? Halloween Admire always
a goodlishly good deal. Better exclusive supply sealed deals in
the Myra app
Seriously, when the going gets tough, you don't want a
criminal lawyer, right, You want a criminal lawyer? Know what
I'm saying?
Speaker 2 (00:17):
Yeah? We do. Did I just hear there's a movie
out this weekend, black Phone two, with a serial killer
in it called The Grabber? Did you think the same
thing I did when you heard his name? Is the Grabber?
Too much politics? Maybe it's Michael Patrick shields with you.
You want to ensure your future, you want to land
your first job. That's what Eastern Michigan University is built for.
(00:40):
This is where you'll find in demand programs that have
one hundred percent job placement one hundred percent job placement
one hundred percent. You'll work with tech evolving at the
pace of change. You can shape tomorrow and get ready
to lead, not follow. Eastern Michigan University grads get more
jobs period apply today at e mish E d you
(01:02):
that audio you heard was from Better Call Saul? No,
it was from Breaking Bad. It was Saul who got
all the attention in that series. He got his own
spin off in fact, and it was about attorneys for sure.
I'm curious. I'm reading an article here, so I'm going
to ask Mike Nichols, the co founder of the Nichols
Law Firm with his wife Wendy, and East Lansing to
pop in here. I'm not going to say the city,
(01:25):
but I'm a little article in a local paper says
that the police department in this city will conduct a
sobriety and driver's license checkpoints on October twenty fourth, operational
from eight pm until two am. All traffic will pass
through the checkpoint on this certain road, and motorists will
(01:45):
be stopped and contacted by uniformed officers who will be
checking for alcohol or drug impaired drivers and make sure
everybody has a valid driver's license. Kind of interesting for
them to put it in the paper, forewarned, forearmed on
that one, isn't it, mister Nichols.
Speaker 3 (02:03):
Well, that's the requirement in almost every state that allows
sobriety checkpoints. You have to tell people, and that's why
you came across that. I'm surprised you hadn't seen one
of those before. That's not in Michigan, though.
Speaker 2 (02:17):
Is it. Well? I was pulling up on one once
and I said, what's going on up there? And I said,
I wasn't drinking or anything, but I'm like, I don't
want any part of that, So I just turned off
on a side street and drove away. Are you allowed
to do that? Is that okay?
Speaker 3 (02:32):
Sure? Sobriety checkpoints are also forbidden in the state of Michigan.
Speaker 2 (02:38):
Well, if you are pulled over, we often ask, you know,
what are you allowed to do? What are they allowed
to do? And it's not that we're trying to get
people to get away with things, but it's an effort,
like that newspaper article to forewarn people. And now the
Supreme Court is looking at a case where as I
understand it, the officer may or may not have smelled marijuana.
Speaker 3 (03:01):
Yeah, that's people versus Wilkins. And it was argued in
that Supreme Court special session up at what was that
big Rapids High School up in Macosta County.
Speaker 2 (03:12):
Did they ever heard on WBRN.
Speaker 3 (03:14):
Okay, there you go also home of Farris State University,
and boy, there's a lot of Fourth Amendment stuff going on.
In that particular case, mister Wilkins and his passenger not
twenty one at the time of this stop. They're pulled
over for a valid reason, which was speeding. You can
stop somebody for speeding even if you think you're gonna
(03:37):
explore other or investigate other things as an officer, and
the officer smelled marijuana when the window was rolled down,
the driver's side window, and at least that's the officer's claim,
and then from there he starts investigating. And really this
turns on whether or not you can automatically as assume
(04:01):
or somehow infer that if you smell marijuana, you can
pretty much assume that it's two point five ounces of marijuana.
And that's important because that's the distinction for somebody under
twenty one between a civil infraction and a misdemeanor crime.
A civil infraction, the officer would not have had the
(04:23):
ability to just get the kids out of the car
and search the car. If he suspects a crime, then
he could. He searches the car, finds the marijuana. Of course,
then he finds a gun. And that's where things got
pretty haywire, and it turned into a serious felony because
neither mister wilkins Nor's passenger or a CPO concealed pistol
(04:45):
license owners.
Speaker 2 (04:48):
I guess does this come down to the police. If
they smell marijuana, they can make you get out of
your car. So they can have a look.
Speaker 3 (04:55):
See there's a case that is just a few months old.
They came right before this, called people versus Armstrong that
answers that question in the negative. In other words, the
smell of marijuana alone is not enough to get you
out of the car.
Speaker 2 (05:12):
Is that true for alcohol too?
Speaker 3 (05:15):
The strong odor of alcohol under a case called people
versus Rizzo rizzo, that's enough to order somebody out of
the car to continue in owy or drunk driving investigation.
Speaker 2 (05:27):
Boyes like lost from Michael Patrick today. Yeah, well, these
might be dumb questions, but it seems sort of vague.
What is strong versus the smell of alcohol? And by
the way, I thought alcohol was odorless.
Speaker 3 (05:41):
Yeah, well it is. And that's another fair point. There's,
you know, the smell of the flavorings in alcohol that
are kind of consistent that we all kind of know. Like,
you know, I said good night to Morgan last night.
She said, do you like beer? And I said, I kind,
I've been drinking beer. I've been drinking beer and wine,
you know. I mean, Uh, it's it's the odor that's
(06:02):
consistent with an alcoholic beverage. Alcohol itself is odorless, odorless, Yes, yeah,
but you kind of got me off track. I argue
that strong versus just the officer saying I detected the
odor of alcohol. I argue that a lot and and
a lot of a lot of the time, the judges
just kind of blow past it.
Speaker 2 (06:24):
M hm hm. And what about speaking of blowing past it?
Can you is there a breath test for for marijuana?
Speaker 3 (06:35):
There is a roadside saliva test that is on the market,
not used in Michigan, at least not yet, but you know,
it's detecting the enzyme in your saliva and trying to
compare it with basically a cartridge that's got the library
(06:56):
of enzymes that is consistently Uh, it's not great, it's
not very specific. I wouldn't really rely on it.
Speaker 2 (07:07):
It's the people versus Freddie Wilkins. Were police allowed to
search a car without a warrant after stopping mister Wilkins
for speeding and the Supreme Court is going to make
the decision they would be wise to consult Mike Nichols
and his wife Wendy, and so would you. And he's
lancing on these matters and study up ahead of time,
(07:27):
and don't drink and drive and don't drive high.
Speaker 4 (07:30):
Looking for your next sunny getaway, whether it's to your
favorite theme park, relaxing beach time, a golf trip, or
just feeling the sun on your face. Breeze Airways as
you covered with convenient non stop flights from Lansing's Capitol
Region International Airport to Sonny, Orlando and Fort Myers. Travel
with these by visiting Flybreeze dot com or by downloading
(07:53):
the Breeze app. Fly lancing on Breeze Airways seriously nice.
Speaker 1 (08:00):
Make your Halloween a good deal spookier Admire with frightenedly
good low prices. Get twenty five percent off costumes for
you and your little creatures. Select fun sized bag candy
is only nine ninety nine. Indoor party decorations and throws
are also twenty five percent off. Perfect for turning your
home into a chillingly fun spooky house. The selection and
savings Admire are enough to make you go wonderfully batty.
(08:21):
You see what I did there? Batty? Halloween Admire always
a goodlishly good deal. Better exclusive supply sealed deals in
the Myra app
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