A Project of the University of Michigan Law School and the MDefenders Program

Motion arguing against suspicionless marijuana testing as a condition of pretrial release

This motion argues that, because the routine imposition of marijuana testing as a condition of release is at odds with the current legal, social, and scientific understanding about the risks posed by marijuana use, courts should exercise discretion and not impose a marijuana testing requirement as a pretrial condition of release unless there are specific reasons, beyond mere past […]

Amicus Brief to Exclude Drug Recognition Expert

Pages 1-4 discuss the history and development of the DRE program; pages 6-10 explain how the DRE test fails Rule of Evidence 702 because it does not assist the trier of fact to understand a fact in issue and the officers who testify about it are not qualified in the relevant field of knowledge; and […]

Brief – Other Acts Evidence – Drug Use Evidence in Drug Distribution Case

p. 22-38 discuss the use of 404(b) “other acts” evidence and why evidence of drug possession is not relevant to intent to distribute drugs. The brief goes on to outline research demonstrating that such “other acts” evidence is highly likely to improperly prejudice the jury in a way that cannot be cured by a limiting […]

Motion to Exclude Drug Recognition Expert

Overviews the history of the DRE program and the lack of scientific studies supporting DRE validity, cites studies demonstrating DRE conclusions are inaccurate and inconsistent.