Under what conditions can an MIP be issued?

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Under what conditions can an MIP be issued?

I obtained an MIP, and the way in which I got it is odd, and I’m not sure legal. I drank and then went to bed around 3:00 a.m. I was woken up by the cops who were called in because the RA in my dorm was making rounds and said he thought that he smelled marijuana in our room. There was none in the first place. So when my roommate opened the door he was not the most compliant, but eventually let them in. They didn’t search a single thing and saw that I was asleep. I was woken up because the cops believed I was a safety issue because I did not wake up right away. Then one thing led to another and I got an MIP.

Asked on February 6, 2011 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, I am not sure that what happened is NOT legal.  You have two issues to deal with: the method of entry to issue the MIP and the issuance of the MIP itself.  It is my understanding that Michigan has one of the toughest MIP laws in the country.  It makes it a misdemeanor for a violation topurchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content.  If the police smelled the alcohol on you or observed that because of your condition they believed you had consumed alcohol then that may be enough here.  As for their right to be in your room, I believe that they had that too. The RA called them and your roommate let them in.  I would speak with an attorney on this matter as soon as you can.  Good luck. 


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