Original Case Details
Back in November of 2018, a man named Thomas Moorman was pulled over for speeding In Alger County in the Upper Peninsula. He was pulled over by State police at a gas station. The state trooper claimed he smelled a strong odor of fresh marijuana coming from the vehicle. He believed that there was a “good quantity” of marijuana in the vehicle due to how strong the smell was. Moorman was asked if he had any marijuana in the vehicle and he said no. The trooper continued to ask about the marijuana smell and Moorman finally admitted that he had harvested some earlier in the day and further told the trooper that he is a medical marijuana caregiver and has five patients assigned under him. The trooper then searched his truck and found he was within the regulated limits of being a caregiver. The trooper then asked him if he had any weapons and Moorman slapped a handgun onto the dash of his truck. He had a license for the pistol from the state of Indiana. Moorman, however, was in violation of his pistol license because he was required to transfer his license to Michigan once he lived here for a year, which at that point he had. The trooper also found prescription pills that Moorman did not have a prescription for. Moorman was charged with illegally carrying a concealed weapon along with possession charges for the prescription pills. Moorman challenged the search stating that the smell of marijuana alone would not allow a search in these circumstances.