November 2012
Grand Rapids Marijuana Law
This week voters in Grand Rapids approved a ballot proposal that decriminalizes the possession/use of small amounts of marijuana in the city of Grand Rapids.
So what exactly does decriminalization in Grand Rapids mean?
1. The use and possession of small amounts (less than an ounce) of marijuana in Grand Rapids is still illegal — but it is illegal in the same way that speeding is illegal: If you get caught, you will be charged with a civil infraction, not a misdemeanor.
2. If you are ticketed for using marijuana, the fines are as follows: $25 for your 1st offense, $50 for your second offense, and $100 for your third offense and each offense thereafter.
3. The sale of marijuana is still a criminal act, and depending on the circumstances can either be a misdemeanor or a felony.
4. The cultivation of marijuana is also still a criminal act. The unauthorized growing of any amount of marijuana is a felony.
5. If you are under 21, possession/use of any amount of marijuana is still a criminal act.
When does the law go into effect?
The effective date for the decriminalization of marijuana in Grand Rapids is December 6, 2012. So as the governor of Colorado said this week “Don’t break out the Cheetos” just yet. The reason for this is that it takes 4 weeks for various government entities to certify the results of Tuesday’s vote.
What if I live in Rockford/Caledonia/Cascade/East Grand Rapids/Kentwood/Etc?
This law only applies to the city of Grand Rapids. Use of marijuana is still a criminal act in the surrounding areas.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
Can I Set Up Video Cameras in My House to Catch My Spouse Cheating?
In Michigan, is it legal to set up a video camera in your own home to try and catch your spouse cheating on you?
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I’m guessing that many people who have been concerned about their spouse’s faithfulness have considered, at one point or another, options for trying to catch them in the act. Hiring a private investigator, tracking phone calls, monitoring email/Facebook, or setting up a video camera to literally catch them in the act.
So is it legal to set up a video camera in your own home to try and catch your spouse cheating?
Under Michigan Law 750.539d, it is illegal to “Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.”
Under Michigan Law 750.539j, it is illegal to surveil anyone in their “undergarments” (or less) “under circumstances in which the individual would have a reasonable expectation of privacy.”
Short answer: No, it is not legal to set up a video camera to film your spouse cheating.
The obvious responses to this are:
1. But it is my home!
2. But he/she is the one committing the crime (of adultery)!
Defense #1 holds a lot more water (potentially) than defense #2. If you were caught doing this, you could try to argue that your spouse had no reasonable expectation of privacy from you (their spouse) within the confines of your home. Would that defense be enough to carry the day in court? I doubt it, but maybe.
Regarding defense #2, yes, adultery is still technically illegal in Michigan, but there have not been any prosecutions since 1971.
So, unfortunately, the law is written that even if the cheating is happening in your home, videotaping the action is a felony that can result in 2 years in jail (or more if you’re a repeat offender).
If the infidelity is happening in public? Video tape away. But if it is taking place anywhere that would reasonably be considered private, then you need to put down your camera phone because you are committing a felony.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Divorce Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
