Updates have been issued for the following sections of the Controlled Substances Benchbook. The updates replace specific pages in the print version of the benchbook and may be printed from the links below. These pages have already been integrated into the electronic version of the benchbook.
Chapter 11: Double Jeopardy
11.6 Mistrials and Retrials, pages 11-8 and 11-9
The United States District Court for the Eastern District of Michigan granted the defendant's petition for habeas corpus after determining that the trial court abused its discretion in declaring a mistrial and that the Michigan Supreme Court's subsequent approval of the trial court's decision was an unreasonable application of federal law. Lett v Renico , 507 F Supp 2d 777 (ED Mich, 2007). Therefore, the citations to People v Lett , 466 Mich 206 (2002), on pages 11-8 and 11-9 were deleted.
Chapter 12: Search and Seizure
12.11 Automobile Searches, page 12-23
A police officer may lawfully search a vehicle incident to a passenger's lawful arrest, even without probable cause to believe that the car contained contraband or that the driver had engaged in any unlawful activity. People v Mungo , ___ Mich App ___, ___ (2008).
