State v. Barnes

I respectfully dissent from the majority’s conclusion that the trial court did not err in denying Defendant’s motion to dismiss the charge of possession of marijuana in a confinement facility.

*570I. Relevant Facts

I submit that the relevant facts to the offense of possession of marijuana in a confinement facility are as follows:

Defendant was arrested for driving while impaired, handcuffed with his hands behind his back, and transported to the Wayne County Detention Center (confinement facility). At the confinement facility, Defendant asked to use the restroom. The officer moved the handcuffs from…