No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
The justices are set to review securities law as they hear arguments in a significant case linked to the 2015 data breach involving Cambridge Analytica and Facebook.
The tech giant’s effort to fend off federal securities fraud lawsuits in Facebook v. Amalgamated Bank could narrow the opportunities for private investors to hold companies accountable under federal laws that regulate corporate misconduct.
In 2016, the British political consulting firm Cambridge Analytica accessed and exploited the data of over 30 million Facebook users in relation to Donald Trump’s presidential campaign.
In light of Facebook’s awareness of the data breach and before the public disclosure of Cambridge’s significant data practices, the company proactively submitted a securities filing to its investors that detailed the potential risks stemming from a security breach as well as the likely adverse effects on Facebook’s operations and stock performance.
That disclosure did not reveal that, as Facebook was aware, a large breach of that sort already had occurred.
Read more here at SCOTUS Blog
Your rights and freedom are too important to leave to chance.
When you’re caught in the turmoil of criminal charges, every moment counts. The anxiety of potential jail time, hefty fines, and a tarnished reputation can be overwhelming. You may feel lost and unsure about where to turn for help.
The stakes are high. A conviction can lead to long-lasting repercussions—affecting your job, relationships, and even your future opportunities. Without a strong defense, you risk losing everything you’ve worked hard for. Don’t let fear dictate your fate.
Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice. As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law enforcement and citizens.
The Fourth Amendment protects individuals from unreasonable searches and seizures, but there are specific circumstances under which law enforcement can legally conduct a search without a warrant.
Search and seizure refers to the process by which police officers can investigate a person’s property or belongings to find evidence of a crime.
Under the Fourth Amendment, any search must typically be supported by probable cause and conducted with a warrant.
However, two significant exceptions to this rule are consent searches and plain view seizures.
Consent occurs when an individual voluntarily agrees to allow law enforcement officers to conduct a search. It is essential that this consent is given freely without coercion or intimidation.
In Michigan, if someone consents to a search of their home or vehicle, anything discovered during that search can be used as evidence in court.
This means if you invite police into your home and they find illegal substances or weapons during their investigation, that evidence can lead to criminal charges against you.
You might as well invite the devil in.
On the other hand, the plain view doctrine allows officers to seize evidence without a warrant if it is clearly visible while they are in a lawful position.
For example, if police are conducting an investigation outside your house for unrelated reasons (such as responding to noise complaints) and they see illegal items through an open window or door, they can legally seize those items without needing your permission.
The key difference here lies in how the police come across the evidence:
Consent requires permission from the individual being searched while plain view relies on what officers observe from their legal vantage point.
So keep your shades closed and your doors locked. You do not have to answer the door when the police or anybody come knocking.
Understanding these concepts not only empowers individuals regarding their rights but also highlights how crucial it is for law enforcement agencies to operate within legal boundaries when conducting searches.
Knowing your rights when it comes to search and seizure—especially concerning consent versus plain view—can make all the difference in protecting yourself legally in Michigan.
For more details about the laws follow these links
Defendant moved to suppress coffee filters seized from a detached garage suspected of being the site of a methamphetamine manufacturing operation, that motion should have been allowed because the officers lacked consent to search and did not lawfully seize the coffee filters.
“In 2015, police officers arrested defendant, Michael Brian McJunkin, after responding to reported suspicious activity at a house in Battle Creek. When the police arrived, they noticed the smell of ammonia permeating from a detached garage and suspected methamphetamine (meth) manufacturing. The officers later discovered an active ‘one-pot’ meth laboratory and coffee filters containing ground up pseudoephedrine, a primary component in meth manufacturing. … Because we hold that the officers lacked consent to search and did not lawfully seize the coffee filters, we reverse.
“The parties agree that the officers did not have a warrant to search Wightman’s garage or the Explorer. McJunkin challenges the trial court’s conclusion that the search and seizure was legally justified under the consent and plain-view exceptions to the warrant requirement.
“We hold that the trial court clearly erred by ruling that Wightman freely and unequivocally consented to the search of his garage because the ruling was based on factual findings that were not supported by the evidence.
“Based on these errors, we conclude that the totality of the circumstances did not support a finding that the officers had consent to search the garage. As discussed, to establish the consent exception to the warrant requirement, evidence must show that the officers received consent that ‘is unequivocal, specific, and freely and intelligently given.’ … The evidentiary hearing disclosed no consent to search the garage that meets any of those criteria and, therefore, we reverse the trial court’s decision.
“For these reasons, the trial court erred by ruling that the consent and plain-view exceptions to the Fourth Amendment warrant requirements applied to the officers’ seizure of evidence from McJunkin’s vehicle.”
It’s Election Time….
Get out there and vote because someone’s vote just got cancelled.
Your rights and freedom are too important to leave to chance.
When you’re caught in the turmoil of criminal charges, every moment counts. The anxiety of potential jail time, hefty fines, and a tarnished reputation can be overwhelming. You may feel lost and unsure about where to turn for help.
The stakes are high. A conviction can lead to long-lasting repercussions—affecting your job, relationships, and even your future opportunities. Without a strong defense, you risk losing everything you’ve worked hard for. Don’t let fear dictate your fate.
Our Michigan Top Criminal Defense Attorney is here to provide the expertise and support you need during this challenging time. With years of experience in navigating the complexities of criminal law, we craft personalized defense strategies tailored specifically for your case.
Proven Track Record: Our attorney has successfully defended countless clients against various charges, earning a reputation for excellence in the courtroom.
Personalized Approach: We understand that every case is unique; we take the time to listen and build a defense strategy that fits your specific situation.
Your Advocate: We will fight tirelessly on your behalf, ensuring that your rights are protected every step of the way.
Your Freedom Is Our Priority
Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice. As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.
The 6th Amendment: is it still a thing?The 6th Amendment to the United States Constitution is a crucial pillar of the Bill of Rights, designed to ensure fair and just legal proceedings for individuals accused of crimes. Ratified on December 15, 1791, this amendment...
The US Supreme Court and Federal Gun Law CasesChallenges to Federal Gun Laws the right of the people to keep and bear Arms, shall not be infringed Updated July 8, 2024 Ratified in 1791, the Second Amendment provides, “A well regulated Militia, being necessary to the...
Do Passengers have 4th Amendment Rights?Michigan Supreme Court Limits Police Ability to Search Passenger Property in CarsBackground Mead was a passenger in a car and had just met the driver, who offered him a ride. When the police stopped the vehicle and ordered both...
Students and 4th Amendment RightsStudents are entitled to a right to be safe from unreasonable searches and seizures even within school premises, as ruled by the Supreme Court of the United States. However, these rights are somewhat limited for students, allowing...
Forfeiture Law in Focus: SCOTUS and Sixth Circuit Issue Landmark RulingsThe landscape of forfeiture law has been significantly shaped by recent decisions from the U.S. Supreme Court and the Sixth Circuit Court of Appeals. These rulings, in the cases of United States v...
US Supreme Court - Salinas v. TexasWhen Can Silence Be Used Against You? In the realm of criminal law, the Fifth Amendment to the United States Constitution grants individuals critical protections, including the right to remain silent and the right against...
Supreme Court 8-1 Gun Possession Decision Changes Second Amendment Landscape Forever!Issue: Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits a person from possessing a firearm if he has been convicted of “a crime punishable by imprisonment for a term...
Facial RecognitionHow Technology Can Lead to Mistaken-Identity Arrests Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the...
Court of Appeals of Michigan PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Javarian CHANDLER, Defendant-Appellant. No. 368736 Decided: June 27, 2024Before: Borrello, P.J., and Swartzle and Young, JJ. Introduction In the People v. Chandler case, the Michigan...
What are Miranda Rights?Miranda Rights, also known as the Miranda warning, are the rights given to people in the United States upon arrest. “You have the right to remain silent. Anything you say can and will be used against you in a court of law…” These rights stem...
752.796 Use of computer program, computer, computer system, or computer network to commit crime.
Sec. 6.
“Computer” means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network.
Phones, Texts, Emails, Message Apps, etc…
If they don’t get you on that that law how about this one you enacted.
If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.
CALL NOW
Document | Type | Description |
---|---|---|
Section 752.791 | Section | Meanings of words and phrases. |
Section 752.792 | Section | Definitions; A to D. |
Section 752.793 | Section | Definitions; P to S. |
Section 752.794 | Section | Prohibited access to computer program, computer, computer system, or computer network. |
Section 752.795 | Section | Prohibited conduct. |
Section 752.795a | Section | Michigan children’s protection registry act; violation. |
Section 752.796 | Section | Use of computer program, computer, computer system, or computer network to commit crime. |
Section 752.796a | Section | Violation of MCL 752.795a; penalties; exception; defense; burden of proof; effective date of section. |
Section 752.796b | Section | Money, income, and property subject to seizure and forfeiture. |
Section 752.797 | Section | Penalties; prior convictions; presumption; reimbursement order; definition. |
Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.
Understanding Adverse Possession in MichiganMichigan recognizes adverse possession, a legal doctrine allowing someone to acquire ownership of real property they've occupied for a specific period, even without a formal title.The Statute: MCL 600.5801 The relevant...
Michigan Supreme Court - These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act. Red Flag Laws.Effective February 13, 2024On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts...
Spice/ K2, Synthetic MarijuanaWhat is Spice/ K2, Synthetic Marijuana? K2 and Spice are just two of the various trade names or brands for synthetic designer drugs that aim to replicate THC, the primary psychoactive component of marijuana. These designer synthetic drugs...
MICHIGAN COURT RULES OF 1985Updated February 13, 2024 The Michigan Court Rules The Michigan Rules of Court are the rules adopted by the Michigan Supreme Court to govern Michigan’s legal system and the judges, lawyers, and other professionals who are charged with...
Understanding Michigan's Cyberbullying Law With the ever-expanding digital landscape, cyberbullying has become a harsh reality for many. Michigan, recognizing its seriousness, has established specific laws to address this issue. Here's some things you need to knowWhat...
Involuntary Manslaughter Charges and Penalties in MichiganHere's things you should to knowWhat is Involuntary Manslaughter in Michigan? Involuntary manslaughter differs from murder in that it lacks intent to kill. In Michigan, it is somewhat defined as the killing of...
The Expanding List of Crimes that Restrict Gun Ownership in MichiganHere are the LawsDomestic Violence The legislature passed a package of bills that add subsets to certain misdemeanor offenses (identified below) for offenses involving domestic relationships. See 2023...
The Michigan State Police Forensic Science Division (FSD) DNA Profiling System is a comprehensive program that uses DNA analysis to support criminal investigations throughout the state. The system is housed within the Biometrics and Identification Division (BID),...
Are Newspapers Still the Town Crier in a Digital Age? Examining Michigan's Act 247 and the Publication of Notices In today's rapidly evolving digital landscape, the role of traditional media like newspapers is constantly under scrutiny. Yet, in Michigan, a 1963 law,...
A bill enacted into California law in 2024 prohibits employers from discriminating against individuals based on their off-duty and off-site use of cannabis, as it relates to their employment. The bill provides an extra level of safeguard for marijuana users in...
On October 11, 2024, the Michigan Court of Appeals issued a decision in the case People of the State of Michigan v. Blake Anthony-William Barton.
The case involved a drunk driving investigation following a car accident in Britton, Michigan.
The incident occurred on September 10, 2022, at approximately 2:00 a.m. Officer David Low of the Raisin Township Police Department responded to a car accident at the intersection of Sutton Road and Ridge Highway. He found a vehicle in a wooded area off the roadway, with the driver, later identified as Barton, partially pinned underneath the car.
Barton admitted to consuming alcohol earlier in the night and claimed he was on his way to a rodeo. However, it was already 2:16 a.m., well past the time any rodeo would have ended.
Barton was transported to ProMedica Toledo Hospital in Toledo, Ohio, for treatment. While there, medical staff drew his blood for medical purposes, not under arrest.
Two days later, the prosecutor’s office requested the chemical analysis of Barton’s blood from the hospital.
The prosecutor’s office sent a letter to Toledo Hospital requesting that it provide Barton’s chemical analysis from September 10.
The Prosecuting Attorney for Lenawee County signed the letter. Specifically, he requested:
Please provide to the Raisin Township Police Department the complete chemical analysis of the above-named subject that was performed on or about September 10, 2022.
This request is submitted in accordance with Ohio Revised Code, 2317.02, which is attached for your reference.
This is an open and pending investigation. Please mail the records to the Raisin Township Police Department . . . (emphasis omitted).
The letter did not attach a copy of Ohio Rev Code 2317.02 as it stated.
Instead, the prosecutor’s office provided a Michigan Attorney General opinion detailing the enforceability of MCL 257.625a(6)(e) prior to a person’s arrest.
In response, Toledo Hospital sent the chemical analysis results to the police department. The chemical analysis disclosed that Barton’s blood and urine samples, which indicated a blood alcohol level of 0.23 and the presence of tetrahydrocannabinol (THC).
The Lenawee Circuit Court initially granted Barton’s motion to suppress the blood evidence due to a perceived technical noncompliance with Michigan Compiled Laws (MCL) 257.625a(6)(e).
(e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.
However, the prosecution later submitted evidence showing that the court’s decision relied on a factual error.
Consequently, the Michigan Court of Appeals reversed the circuit court’s decision and remanded the case.
This goes to show you can still fight a case even when you think all is lost.
If you are interested in more in depth detail read the Opinion here.
Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice. As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
Haley Butler-Moore sped up to pass a semi on the highway when she suddenly saw the police lights.
She’d left Albuquerque hours earlier, heading to a Halloween party in Denver. Tired from the long drive, she recalled being nervous as she pulled out her paperwork. The trooper asked Butler-Moore to come sit in the patrol car.
“Do you use any recreational drugs?” asked the officer, as captured on the body camera.
“No,” said Butler-Moore.
“OK, because your eyes are saying something completely different. So how much have you used today?”
At the police station, the DRE officer, one of more than 8,000 scattered in departments across the country, asked Butler-Moore to recount everything she did that day.
“If there is no impairment, it will come out here,” the officer told her, the entire evaluation recorded on bodycam.
But the officer had concerns. Butler-Moore had put the wrong date, from the day before. That’s because, Butler-Moore said, she didn’t realize it was already after midnight.
Read the whole story here at MLive
Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice. As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.