AVVO Reviews November 2016

AVVO Reviews November 2016

Professional and Effective

5.0 stars
Posted by Nathan
November 29, 2016
My family and I hired Michael for a Minor in Possession. He was able to retain my right to use Medicinal Marijuana while on probation and had the frequency of drug alcohol testing redused significantly. He was extremely well put together both in person and practice. He works with a dedicated team that makes every case personal. Phenomenal people all around, We’re very satisfied with their work.

Hired attorney

Hire Michael Komorn-an attorney whose got your back

5.0 stars
Posted by Jamie Lowell
November 12, 2016
Over the years- I have been in a unique position to see arrests, hear extensively about arrests and police encounters, and attend many court hearings concerning cannabis activity.

When I found myself in the position of being charged for crimes concerning cannabis- I knew exactly who to call- attorney Michael Komorn.

I thought that I was charged unfairly- far from home and that I would be trapped into admitting to a crime and suffering consequences for behavior that did not warrant such treatment. Komorn understood the predicament and told me very directly- “I got your back.”

I have witnessed attorney Komorn take on many kinds of cases and defend all kinds of people, Komorn takes more than an active interest. Attorney Michael Komorn understands the fear, the concerns, the uncertainty, and the stress of being charged or suspected of a crime and being faced with the immense burden of the criminal justice system. Komorn will speak the truth and will not “sugar coat” the situation but he truly cares and will offer solace to the accused as well as surrounding family and friends.

When Michael got in front of the judge and interacted with the prosecutor in Roscommon County where my case was heard- it was obvious that they knew that they would not have an easy time pursuing the fines and costs or possible jail time they were seeking.

What started out as a misdemeanor and possibly felony, went to two misdemeanors, which then went to one civil infraction with a small fine.

I hired Michael Komorn to fight for my rights- not to hold my hand through the process of succumbing to a broken system- and that is exactly what he did.

Komorn told he had my back- then he proved it.

Hired attorney

More AVVO reviews

Michigan State Police Legal Updates

Michigan State Police Legal Updates

From November 1999 through August 2016

 

MSP Legal Update No. 125 (08/16)

Statutes: Used Motor Vehicle Parts Act amended regarding buying and receiving used motor vehicle parts, including used motor vehicle tires, tire wheels or rims, or continuous tire tread.

 

MSP Legal Update No. 124 (08/16)

Statutes: Amendments to the Michigan Penal Code to add the crimes of assault and battery of a pregnant individual and intentional dissemination of sexually explicit visual material of another person.

 

Legal Update No. 123 (07/16)

Criminal Law: A homeowner or another person rightfully possessing a home after it has been foreclosed on and sold at a sheriff’s sale cannot be prosecuted for larceny in a dwelling house when he or she removes fixtures from the home during the statutory redemption period.

 

Vehicle Code: A temporary registration plate that is not in a clearly visible position or in a clearly legible condition provides reasonable suspicion that MCL 257.225 is being violated.

 

Legal Update No. 122 (04/16)

Criminal Law: Once lawfully inside a “dwelling,” a person cannot be prosecuted for home invasion for subsequently entering an interior room of the dwelling without permission.

Vehicle Code: The portion of a person’s private driveway immediately next to his or her private residence is not a place “open to the general public” or a “place generally accessible to motor vehicles” for purposes of the Michigan Vehicle Code.

Medical Marihuana: A person who smokes marihuana in his or her own car while parked in the parking lot of a private business that is open to the general public is not entitled to assert the immunity or defense provisions of the Michigan Medical Marihuana Act.

 

Legal Update No. 121 (03/16)

Vehicle Code: The presence of a towing ball attached to a vehicle which obscures or partially obscures the registration plate is a violation of the Michigan Vehicle Code.

 

Legal Update No. 120 (01/16)

Statutes: Michigan Vehicle Code amended to allow electronic copies of certificates of insurance.

 

Legal Update No. 119 (12/15)

Statutes: Amendments to the Firearms Act affecting the process for obtaining a Concealed Pistol License.

 

Legal Update No. 118 (10/15)

Criminal Law: Resisting and obstructing statute does not apply to reserve police officers; Did you Know? Vehicles manufactured as a golf cart or as an off road vehicle (ORV) cannot be modified and titled as an assembled vehicle for on-road use.

 

Legal Update No. 117 (07/15)

Criminal Law: Amendments to the Firearms chapter of the Michigan Penal Code related to firearms and pneumatic guns; Criminal Law: Amendments to the Natural Resources and Environmental Protection Act related to firearms and pneumatic guns; Statutes: Amendments to the definition of “firearm” found in the Firearms Act, the Revised Statutes of 1846, and the Death or Injuries from Firearms Act.

 

Legal Update No. 116 (05/15)

Search and Seizure: Absent reasonable suspicion, extension of a traffic stop in order to conduct a dog sniff violates the Fourth Amendment; Statutes: Provisions of the Michigan Vehicle Code relating to “preliminary roadside analysis” eliminated.

 

Legal Update No. 115 (04/15)

Sexual Assault Victims Rights: Information and notices required to be provided to a sexual assault victim; Statutes: Requirements for the collection and handling of sexual assault kit evidence.

 

Legal Update No. 114 (03/15)

Criminal Law: Various human trafficking and prostitution statutes amended; Forfeiture: Various forfeiture provisions amended.

 

Legal Update No. 113 (01/15)

Statutes: Provisions of the Michigan Vehicle Code relating to operating a vehicle while intoxicated amended.

 

Legal Update No. 112 (12/14)

Statutes: Amendments to the Firearms Act Affecting Access to Firearms Records. Did you Know? Handcuffing a person unduly tight or excessively forceful is a violation of the Fourth Amendment.

 

Legal Update No. 111 (10/14)

Search and Seizure: A police officer may frisk a suspect only if there is reasonable suspicion to believe the suspect is armed and dangerous.

 

Legal Update No. 110 (09/14)

Vehicle Code: The mere presence of a towing ball attached to a vehicle which obscures or partially obscures the registration information on a registration plate is not a violation of the Michigan Vehicle Code.

 

Legal Update No. 109 (06/14)

Search and Seizure: Police officers are generally required to obtain a search warrant to search digital information on a cell phone seized from a person incident to arrest.

 

Legal Update No. 108 (05/14)

Criminal Law: Felon in possession statute amended to prohibit ammunition in addition to firearms.

 

Legal Update No. 107 (04/14)

Criminal Law: Sex Offenders Registration Act verification and annual registration fee requirements amended.

 

Legal Update No. 106 (03/14)

Criminal Law: Michigan Penal Code amended to allow a person to make, manufacture, transfer, or possess a short-barreled shotgun or short-barreled riffle under certain conditions.

 

Legal Update No. 105 (10/13)

 

Criminal Procedure: Audiovisual recording of custodial interrogations for major felonies.

 

Legal Update No. 104 (07/13)

Criminal Law: Organized Retail Crime is now prohibited by Michigan Law; Vehicle Code: Removal of moped passenger restrictions.

 

Legal Update No. 103 (06/13)

Medical Marihuana: The protections of the Michigan Medical Marihuna Act extend to a registered qualifying patient who internally possesses marihuana while operating a vehicle unless the patient is under the influence of marihuana; A registered qualifying patient is not entitled to immunity from arrest prosecution, or penalty under section 4 of the Michigan Medical Marihuana Act for transferring marihuana to another registered qualifying patient. A registered primary caregiver is not entitled to immunity under section 4 of the Michigan Medical Marihuana Act for transferring marihuana to anyone other than a registered qualifying patient connected to the caregiver through Michigan’s registration process; Section 4 of the Michigan Medical Marihuana Act does not provide a registered primary caregiver with immunity from arrest, prosecution, or penalty when growing marihuana collectively with other registered primary caregivers and registered qualifying patients; The definition section of the Michigan Medical Marihuana Act was amended, including provisions for growing marihuana plants outdoors; The Michigan Penal Code amended to include restrictions on transporting usable marihuana in or upon a motor vehicle.

 

Legal Update No. 102 (01/13)

Criminal Law: Uncompensated transfers of marihuana between registered qualifying patients constitutes medical use of marihuana under the Michigan Medical Marihuana Act; A person cannot be prosecuted under MCL 750.237 for constructive possession of a firearm while intoxicated in his or her own home.

 

Legal Update No. 101 (09/12)

Criminal Law: Michigan law prohibiting begging in a public place is unconstitutional;  Back-To-Basics Hot pursuit exception to search warrant requirement.

 

Legal Update No. 100 (08/12)

Criminal Law: Michigan Penal Code and Firearms Act amended to allow for possession and reasonable use of Tasers by Michigan Concealed Pistol License holders.

 

Legal Update No. 99 (06/12)

Criminal Law: Michigan law prohibiting the possession of tasers and stun guns is unconstitutional; The Michigan Medical Marihuana Act does not protect a person from arrest if the person’s registry identification card is not reasonably accessible at the location of arrest.

 

Legal Update No. 98 (06/12)

Statutes: Michigan fireworks laws amended to expand the types of fireworks that may be sold to and used by consumers without a permit.

 

Legal Update No. 97 (06/12)

Criminal Law: Common chemical compounds found in synthetic cannabinoids (K2/Spice) and synthetic cathinones (Bath Salts/Plant Food) added to list of Schedule 1 controlled substances.

 

Legal Update No. 96 (04/12)

Vehicle Code and Medical Marihuana: A person shall not operate a motor vehicle with any amount of a Schedule 1 controlled substance, including medical marihuana, in the person’s body.

 

Legal Update No. 95 (04/12)

Vehicle Code: Motorcycle helmet use

 

Legal Update No. 94 (03/12)

Search and Seizure: The installation of a GPS tracking device onto a suspect’s vehicle constitutes a search; Interview & Interrogation: Imprisonment alone does not constitute custody for purposes of Miranda

 

Legal Update No. 93 (01/12)

Sex Offenders Registration Act: Homeless offenders permitted to use emergency overnight shelters in student safety zones under certain conditions; Commercial Motor Vehicles: Use of hand-held mobile telephone while driving

 

Legal Update No. 92 (12/11) Search and Seizure: Consent-once-removed doctrine; Back to Basics: Restrictions on entry into a residence to make an arrest with a warrant or a warrantless felony arrest

 

Legal Update No. 91 (11/11)

Attorney General Opinions: Law enforcement officers are not required to return marihuana to a registered patient or primary caregiver upon his or her release from custody; Vehicle Code: Authorized emergency vehicles

 

Legal Update No. 90 (10/11)

Public Health Code: Bath salts added to list of Schedule 1 controlled substances; Drug forfeiture funds may be used for any law enforcement purpose; Back to Basics: Michigan law does not prohibit citizens from recording police officers performing their duties.

 

Legal Update No. 89 (09/11)

Criminal Law: The Michigan Medical Marihuana Act does not permit the sale of marihuana; The Michigan Medical Marihuana Act requires the physician’s statement occur before the illegal conduct in order for the affirmative defense to apply and in order for the person to be immune from arrest, prosecution, or penalty

 

Legal Update No. 88 (08/11)

Statutes: Sex Offenders Registration Act amendments; the tier system; the reporting requirements; homeless offenders; employee definition includes volunteers; non-residents; penalties.

 

Legal Update No. 87 (07/11)

Search and Seizure: Age must be considered when determining whether to give Miranda warnings to juvenile suspects; Vehicle Code Moving violations in school bus zones

 

Legal Update No. 86 (10/10)

Firearms Law: Open carry; unlawful premises; brandishing; transporting; carrying concealed; pistol registration; CPL pistol free zones; possession by out-of-state residents.

 

Legal Update No. 85 (08/10)

Criminal Law: Prohibited use of tracking devices; downloading child pornography on a CD-R does not automatically mean manufacturing; searching for child pornography on the Internet may be possession; 11-Carboxy-THC is not a controlled substance; sexual contact includes touching for humiliation

 

Legal Update No. 84 (06/10)

Criminal Law: Carrying a dangerous weapon with unlawful intent, MCL 750.226 Vehicle Code: Texting while driving

 

Legal Update No. 83 (04/10)

Public Heath Code: Smoke Free Law Vehicle Code: Removing motor vehicles involved in traffic crashes from roadway

 

Legal Update No. 82 (02/10)

Criminal Law: Homeless not required to register Back-to-Basics: Request for an attorney prior to chemical test

 

Legal Update No. 81 (09/09)

Vehicle Code: Implied consent violations and inevitable discovery Back-to-Basics: Hot pursuit exception to the warrant requirement

 

Legal Update No. 80 (06/09)

D.N.A. Law: Collection of samples at arrest; post-conviction testing

 

Legal Update No. 79 (06/09)

Criminal Procedure: Interrogation after appointment of counsel

 

Legal Update No. 78 (04/09)

Criminal Law: Medical marihuana rules & identification cards Criminal Procedure: Search warrant for wanted persons

 

Legal Update No. 77 (04/09)

Criminal Procedure: Limits on searches incident to arrest

 

Legal Update No. 76 (04/09)

Criminal Law: Catalytic converters added to larceny from a vehicle Criminal Procedure: Police responsibility to disclose exculpatory evidence

 

Legal Update No. 75 (04/09)

Criminal Law: Nonferrous metal regulatory act (scrap metal); secondhand and junk dealers; larceny and nonferrous metal

 

Legal Update No. 74 (03/09)

Criminal Law: Leaving child unattended in vehicle; child abuse – reckless endangerment

 

Legal Update No. 73 (03/09)

Firearms Law: Certification for retired police officers

 

Legal Update No. 72 (02/09)

Vehicle Code: Passing stationary waste haulers, utility vehicles, and road maintenance vehicles D.N.A. law: Use and misuse of DNA samples or profiles; disposition of samples or profiles; effect of good faith errors

 

Legal Update No. 71 (01/09)

Firearms Law: Possession of another’s pistol; CPL revocation; “legal resident” defined; pistol-free zones; new residents with out-of-state CPLs; pistol possession by non-residents; judges and pistol-free zones

 

Legal Update No. 70 (12/08)

Firearms Law: Pistol safety inspections eliminated Criminal Law: Dog bite requirements

 

Legal Update No. 69 (12/08)

Criminal Law: Medical Marijuana

 

Legal Update No. 68 (10/08)

Search & Seizure: Canine sniff of house Did You Know?: License expiration Back-to-Basics: Terry pat downs

 

Legal Update No. 67 (06/08)

Vehicle Code: Booster seat requirement Criminal Law: CSC by school employees

 

Legal Update No. 66 (06/08)

Statutes: Breaking & entering of shipping containers; animal abuse Back-to-Basics: Firearms – open carry, possession of another’s pistol, non-resident possession, safety inspection certificates, ammunition & long-guns, CPL notification requirements

 

Legal Update No. 65 (06/08)

Statutes: Private (Professional) Investigators Criminal Law: Interfering with crime report

 

Legal Update No. 64 (04/08)

Search & Seizure: Search incident to arrest – passenger arrests; search warrants based on e-mail address

 

Legal Update No. 63 (03/08)

Vehicle Code: Video displays in view of driver Back to Basics: Witness tampering

 

Legal Update No. 62 (02/08)

Criminal Procedure: Children and dying declarations Search & Seizure: Locked glove boxes and searches incident to arrest

 

Legal Update No. 61 (12/07)

Criminal Procedure: Drug field tests admissible at prelims Attorney General Opinion: Illegal aliens and driver’s licenses Back to Basics: Border searches

 

Legal Update No. 60 (12/07)

Vehicle Code: Signaling lane changes Criminal Law: Elements of felony nonsupport Did You Know?: Scope of implied consent hearings

 

Legal Update No. 59 (11/07)

Vehicle Code: Unsigned registrations — not illegal Back to Basics: Lawful purposes for transporting a pistol

 

Legal Update No. 58 (11/07)

Search & Seizure: Protective property checks Criminal Law: Minor refusing PBT

 

Legal Update No. 57 (07/07)

Criminal Procedure: Forfeiture of improperly seized property Search & Seizure: Constructive entry Did You Know?: Authority of police to violate law Back to Basics: Police orders to have a person exit a vehicle

 

Legal Update No. 56 (06/07)

Criminal Procedure: Prosecutor disqualification; Ineffective counsel; Passengers challenging stops Search & Seizure: Searches of items owned by passengers Back to Basics: Crime scene exception Did You Know?: Unattended vehicle

 

Legal Update No. 55 (05/07) Criminal Procedure: Use of force in medical situations Search & Seizure: Abandoned property; Inventory of personal property; Post-fire searches Did You Know?: Open carry of a pistol, part II Back to Basics: Police-citizen encounters

 

Legal Update No. 54 (04/07)

Criminal Procedure: Dying declarations; faulty Title III warrants Search & Seizure: 911 hang-ups and Terry stops Interview & Interrogation: Refusal to provide a written statement Use of Force: Vehicle pursuits & intentional collisions Did You Know?: Open carry of pistols Back to Basics: Liquor inspections

 

Legal Update No. 53 (03/07)

Statutes: Libraries as drug free zones; Junk dealers; Embezzlement from a charity Did You Know?: Exceeding authority when executing a search warrant Back to Basics: Entering a residence to make an arrest

 

Legal Update No. 53 (03/07)

Statutes: Libraries as drug free zones; Junk dealers; Embezzlement from a charity Did You Know?: Exceeding authority when executing a search warrant Back to Basics: Entering a residence to make an arrest

 

Legal Update No. 52 (02/07)

Criminal Procedure: Investigative subpoenas Did You Know?: Court and AG Opinions Back to Basics: Bond and search incident to arrest

 

Legal Update No. 51 (01/07)

Statutes: LEIN checks for parole status; Felony OWI – three in lifetime; Search & Rescue teams; Private road Vehicle Code enforcement; Meth lab website; Military ID and alcohol purchases; Furnish cell phones to prisoners; Assaults upon corrections officers Search & Seizure: Miranda and co-tenant’s consent; Exigent circumstances in meth labs Interview & Interrogation: Public safety exception to Miranda Did You Know?: Vehicle inspections Back to Basics: Tricks during interrogations

 

Legal Update No. 50 (12/06)

Statutes: Self-defense sprays; Juvenile breath tests Search & Seizure: Consent searches and third-party property Interview & Interrogation: Suspect understanding of rights Did You Know? Armored vehicles Back to Basics: Interview of juvenile suspects

 

Legal Update No. 49 (11/06)

Statutes: Felony Murder; Sex Offender Registry Did You Know?: Possession of Untaxed Tobacco Back to Basics: Interrogation & Miranda

 

Legal Update No. 48 (10/06)

Statutes: Impersonating a Firefighter Did You Know?: Interpreters for the deaf Back to Basics: Custody & Miranda

 

Legal Update No. 47 (09/06)

Statutes: Harboring a Fugitive; The Self-Defense Act; Sales of Ephedrine; Meth Reporting; Child Abuse Reporting Search & Seizure: LEIN Checks as a Search Did You Know?: Arrest of Parole Violators Back to Basics: Miranda requirements

 

Legal Update No. 46 (08/06)

Statutes: Kidnapping; Unlawful Imprisonment; Human Trafficking OWI Law: Independent Chemical Tests; Criminal Procedure: Definition of ‘Firearm’ Did You Know?: Possession of Firearms by Non-Michigan Residents Back to Basics: Inventory Search Summary

 

Legal Update No. 45 (07/06)

Statutes: Disorderly conduct at funerals; School lockdown drills; CPL expiration dates; Knock-and-announce Cases: Metabolized THC in OUID cases; Admissibility of 9-1-1 tapes; Consular notification; Plain smell; and Exculpatory Evidence

 

Legal Update No. 44 (06/06)

Statutes: Electronic monitoring of parolees; Replacement of license plates; Forfeiture, Display of emblems. Cases: Aiding and abetting; “Operate” defined; Accessory after the fact, Response to burglar alarms; Knock and announce; and Hot pursuit

 

Legal Update No. 43 (05/06)

Hearsay exception – domestic violence; Disorderly conduct at funerals; Emergency exception to search warrant rule; Soliciting a minor using a computer; Minor possessing BB gun; Terry pat-down review; Cigarette butts as litter

 

Legal Update No. 42 (04/06)

Statutes: Gray market cigarettes; Truck speed limit – 60 mph; Phone & computer tampering; E-mail SOR notification; Police scanners; CPL Holders – pistols owned by others; Extension of expired CPL Cases: Consent search when suspect refuses; Anticipatory search warrants; Vision obstruction; Seizures while driving; OUIL law summary Attorney General Opinions: Machine guns; Child custody

 

Legal Update No. 41 (01/05)

Identity Protection Act; Public Act 458 Statute of Limitations; Secretly obtaining another’s personal identification; Venue for prosecution of identity theft; Expansion of prohibited explosives law.

 

Legal Update No. 40 (10/04)

Evidence obtained in violation of Miranda; First confession without warning may taint second confession; Venue for prosecution is where the crime occurred; Taser law amended; Hazing law created.

 

Legal Update No. 39 (08/04)

Michigan adopts good faith exception; ID proceedings that occur prior to any adversarial judicial criminal proceeding; Knock and talk procedures and remaining in the home without consent; Mandated reporters and reporting suspected child abuse.

 

Legal Update No. 38 (07/04)

False reports now include 911 operators; Urine can be considered a harmful substance for adulterated food charge; Perjury does not require proof of materiality; Eaves dropping statute amended; Carjacking statute rewritten; Armed Robbery statute rewritten; Unarmed Robbery rewritten; May arrest for OWI if have probable cause to believe subject operated under the influence

.

Legal Update No. 37 (10/03)

Emergency services providers may not detain an individual suspected of carrying a communicable disease; Officers may not initiate questioning when the Sixth Amendment is invoked; CSC fourth constitutes an assault for Home Invasion charges; District court judges may issue search warrants.

 

Legal Update No. 36 (09/03)

OUIL/.08 Legislation-Public Act 61; Zero tolerance for certain controlled substances; Misconduct in office applies when a police officer acts with “corrupt purpose;” Uttering and publishing may include a copy of a document.

 

Legal Update No. 35 (08/03)

False impersonation of a police officer statute rewritten; Registration violations are civil infractions; Assisting a subject does not automatically render liability; Statutory right to polygraph extends until the verdict; Eavesdropping charges may be brought against a subject who hides a camera in his own bedroom.

 

Legal Update No. 34 (07/03)

Premeditation requires time for a second look; Officer’s subjective reason for searching; No VIN exception to the search warrant rule; Accident scenes and the Fifth Amendment; Misconduct in office; The exclusionary rule.

 

Legal Update No. 33 (05/03)

Suppression of a confession; Felony Firearm Conviction; Indecent Exposure; Reasonable suspicion for a Terry Stop; Accidental dog bite by a police K-9.

 

Legal Update No. 32 (04/03)

One count carjacking, two occupants; False police report may apply to false crime details; Charges for felony murder could be brought against a mother who left children in locked car; Forceful act must occur at the time of the taking for armed robbery; “Confessing to all charges would be in your best interest” is not a promise leniency; Zero tolerance violation may be used to enhance OUIL charge.

 

Legal Update No. 31 (03/03)

Child sexually abusive material is rewritten: New definitions, New penalties; Operating a locomotive under the influence; CSC includes actions by teachers; Possession of counterfeit tax stamps for cigarettes requires knowledge that they are counterfeit.

 

Legal Update No. 30 (02/03)

Conspiracy charges may still occur even if the police become involved; Statute on stun guns rewritten; Traffic stops may be based on reasonable suspicion and Officers do not have to “verbally” identify themselves; Possession of stolen car is a felony; CCW and DNR violations; Changes made in drug penalties.

 

Legal Update No. 29 (01/03)

Statements obtained in violation of M.C.L. 764.27; Liability may occur where an officer makes an arrest after being insulted; Second warrant is needed to reenter property already searched; Raising an OUIL Causing Death to a charge of Second-Degree Murder; Receiving and concealing stolen property.

 

Legal Update No. 28 (09/02)

Violation of 48-hour rule may lead to liability; Admissible evidence; Claiming defense of an unborn child; Sexual contact has been redefined; Mental Health official added to Criminal Sexual Conduct; Force requirement under CSC; Police officers allowed to carry certain weapons.

 

Legal Update No. 27 (08/02)

Questioning during an OUIL investigation; Robbery charges require some type of force or violence; The “Castle Doctrine;” Open fields exception and protected curtilage; A prevailing claimant in a forfeiture action; Use of drugs is no defense to criminal activity unless it was a specific intent crime and the defendant had an unforeseeable reaction to medication or other legal substance.

 

Legal Update No. 26 (07/02)

Resisting and obstructing, along with assault upon officers, now under new law MCL 750.81d; “Reasonable” assistance in locating witnesses for defense; What is needed for forceful entry into a house; Illegal possession of a controlled substance can be actual or constructive; The offense of Fleeing and Eluding does not require a certain speed or distance

.

Legal Update No. 25 (06/02)

Concealing or storing a stolen firearm can be considered a continuing offense; Reasonable suspicion is the proper standard for investigatory detentions; “Household” is an all-inclusive word for a family unit residing under one roof; Detainment for on-scene-identifications, or shows, may take such time that is reasonable.

 

Legal Update No. 24 (05/02)

A bail Bondsmen can be liable for a false arrest; An inoperable vehicle is still considered mobile for the automobile exception to a search warrant; Soliciting minor for immoral purposes does not require knowledge of actual age; “New” procedures for search warrants; etc.

 

Legal Update No. 23 (03/02)

Simple assault and battery becomes a 93 day misdemeanor; Domestic Relationships includes dating relationships; Officer may arrest for violation of personal protection orders issued from other states, Indian Tribes or United States Territory; It is not entrapment where the police do nothing more than present the defendant with the opportunity to commit the crime of which he was convicted;

 

Legal Update No. 22 (01/02)

Charges of “felon in possession of firearm;” Authority of local officers deputized by the County Sheriff; Prisoners giving testimony in court cannot be shackled; Gross indecency; Proving the offense of “carrying a firearm while under the influence;” Felonious driving now applies to all places open to the general public.

 

Legal Update No. 21 (11/01)

The “knock and talk” tactic is constitutional; The scope of consent; “No-Knock Warrant”; Euthanasia is not justifiable homicide; New Terrorism Legislation; Increased penalties for other violations.

 

Legal Update No. 20 (10/01)

Legal impossibility is not a defense in Michigan; Increased penalties for Construction Zone Injuries; Increased penalties for traffic injuries to farm workers; An unauthorized driver of a rental car my have standing to challenge search; “Just shy of” reasonable suspicion to detain a motorist; “Assault Upon an Employee of a Place of Confinement”; Interest on returned forfeiture.

 

Legal Update No. 19 (08/01)

Examining the exterior of an item without a search warrant; The crime a making a false police report; Lying does not constitute resisting and obstructing; Depositing money from a business transaction to a personal account; Sex Offender Registration includes youthful offenders; Delivery of controlled substance includes social sharing.

 

Legal Update No. 18 (07/01)

Requirements when stopping CCW license holder; CCW Free Zones; Carrying “while under the influence”; Seizure of pistols; Notice of suspension; Impersonating an FIA worker; Assault upon FIA workers; Lacking knowledge of drug amount-no defense for a delivery charge, but may be a defense for a conspiracy charge.

 

Legal Update No. 16 (06/01)

Failure to leave copy of affidavit; The “public safety” exception for Miranda; Felons in “possession of a firearm”; Statute of Limitations-Public Act 6 of 2001 MCL 767.24; Two parties drag racing-both are “involved” when an accident occurs.

 

Legal Update No. 17 (06/01)

Thermal Imaging violates Fourth Amendment without search warrant; Rioting includes actions aimed at police officers; Entering a residence when it’s believed that a person within is in need of immediate help; Failure to look at officers-one factor to establish reasonable suspicion; A juvenile’s confession is admissible if the statement is voluntarily made.

 

Legal Update No. 15 (03/01)

Uttering and publishing; Questioning a suspect after requesting an attorney; “Reasonable beliefs” to armed robbery; Unrecovered buy money; Knowing and voluntary waiver of Miranda rights; “Totality of the circumstances” in determining if a confession is admissible.

 

Legal Update No. 14 (02/01)

Attorney/Client privileges; A “spiritual” therapist; Use of audio tape to identify a suspect; Restitution under Crime Victims Rights; Listening to cordless phone conversations is eavesdropping; Sixth Circuit upholds stalking statute; Reasonable detention of a suspect is constitutional.

 

Legal Update No. 13 (01/01)

First degree murder for killing a police officer; Retreat from one’s porch; Pulling a telephone cord from the wall; Polygraph by a witness; Leaving a copy of an affidavit; Felony for training an animal to fight; CCW does not apply to double-edged knives.

 

Legal Update No. 12 (12/00)

Officers must inform suspects that attorney is available; US Supreme Court invalidates drug checkpoints; Can be convicted of OUIL causing death and involuntary manslaughter; Obtaining blood results from hospital may invade doctor patient privilege; Absconding on a felony charge; PPO Violations; 1st degree murder for killing a police officer upheld.

 

Legal Update No. 11 (11/00)

New law on sale of Nitrous Oxide; Increased penalties for Methamphetamine; Abandoned vehicles on trunklines; The authority of bordering states police officers; School officials can request vehicle info; Lawfully abandoning newborns; The smell of intoxicants may result in an investigatory detention; Gamma-Butyrolactone illegal for human consumption.

 

Legal Update No. 10 (10/00)

Probable cause to issue a search warrant; Assault with intent to commit unarmed robbery is included in felony murder; Unarmed robbery charges; Statute of limitation when suspect lives in another state; Right to a jury for MIP trials; CSC 2nd degree.

 

Legal Update No. 09 (09/00)

Investigative detention; Charges for leaving the scene of an accident; Sale of children; Felons in possession of body armor; Vulnerable adult fraud.

 

Legal Update No. 08 (08/00)

Searching the casing surrounding the gear shift; Miranda rights; Mental anguish required for 1st Degree CSC; Warrantless arrest authority; Spousal privilege law change.

 

Legal Update No. 07 (06/00)

Measuring the length of the truck; Incest charges under CSC; Vulnerable Adult Abuse; Third degree Child Abuse; Criminal activity on the Internet; PPO process.

 

Legal Update No. 06 (04/00)

Privacy of luggage; Warrantless entry under exigent circumstances; Voluntariness; Admissible statements against a co-defendant; Removal of victim from life support; Plea bargaining statements.

 

Legal Update No. 05 (03/00)

Anonymous call of man with a gun; Lying to a police officer; Felony firearms charges.

 

Legal Update No. 04 (02/00)

The Odor of Marijuana, CCW Statute Violations, Statements Made to Third Parties, Anticipatory Search Warrants, Safety to Others

 

Legal Update No. 03 (01/00)

Leaving the Scene of a Personal Injury Accident, Pandering, Fingerprints for DWLS 1st Offense, Child Abuse, Drug Free School Zones, Computer Crimes, Identity Fraud, Consuming Alcoholic Liquor on School Property, Statewide School Safety, Fleeing From Police

 

Legal Update No. 02 (12/99)

Crime Scenes, Equal Protection, Escape, Use of Fake Warrant, 48 Hours, Gross Indecency, Resisting and Obstructing

 

Legal Update No. 01 (11/99)

OUIL, Home Invasion, Sex Offender Registration

 

Oakland, Macomb counties among few to get grants for medical marijuana enforcement

Oakland, Macomb counties among few to get grants for medical marijuana enforcement

DETROIT (AP) — Michigan sheriffs are paying for overtime and buying vests, guns, Tasers and vehicles with a little-known pot of state money that was set aside for medical marijuana enforcement.

They’re also leaving a lot of cash on the table, as only 18 of 83 counties this year applied for a slice of the $3 million.

“It’s mind-blowing to think they had this money out there and we had no clue about it,” said Sgt. James Every of the Ingham County sheriff’s office, which was eligible for $114,000 but didn’t apply.

Kent County, which is home to the western Michigan city of Grand Rapids, was eligible for $121,000 but also was unaware, Undersheriff Michelle Young said.

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“We could absolutely use it for compliance and enforcement,” she said.

Michigan voters in 2008 approved the use of marijuana to treat certain illnesses. Nearly 225,000 people have state-issued cards, but the law has confused many and has led to significant legal disputes, including over how to obtain and store the drug. Large illegal growing operations have been busted around the state.

Since 2015, lawmakers have set aside money for sheriffs for medical marijuana enforcement and education. It’s administered by the Department of Licensing and Regulatory Affairs. Every county was eligible this year for a portion of the $3 million, based on the number of new cards or renewals in that county.

Seventeen counties spent $823,000 in 2016, according to a state report. The largest, Wayne and Oakland, spent a combined 67 percent of that figure.

Oakland spent $282,661, much of it on training and investigation overtime. The sheriff’s office bought a $31,000 van, a $30,000 pickup truck and a $6,800 cargo trailer.

“We didn’t have equipment,” Sheriff Mike Bouchard said. “We’d come across huge illegal grow operations — hundreds and hundreds of plants — and we’d have to rent trucks or trailers. … The grant helps alleviate some of the costs necessary to do these activities, but it’s just a sliver.”

According to the Oakland County Sheriff’s Office Sept. 1, 2016, submission to the state report, the department:

  • Executed 59 search warrants,
  • Executed 19 “knock and talks” with 13 found to be compliant, 2 had no evidence located and 4 found to be non-compliant.
  • Initiated 19 educational contacts this year, with on criminal actions taken,
  • Seized 2,961 marijuana plants — or 1,122 pounds — since Jan. 1.

Macomb County has spent about $100,000 over two years, much of it related to investigations and training. The sheriff’s office also bought laptops, vehicles and raid vests.

“I want the guys as protected as they can be,” Det. Sgt. Gary Wiegand said of vests.

Wayne County said it spent $171,618 on wages for dozens of officers conducting surveillance from January through September on 32 marijuana dispensaries in Detroit. More than 600 vehicles were stopped.

The grants were used in smaller counties, too. Sanilac spent $2,850 on five semi-automatic weapons. Antrim spent $479 on night vision binoculars. Cheboygan purchased Tasers.

Young, the Kent County undersheriff, believes the grants haven’t been promoted enough. The Department of Licensing and Regulatory Affairs declined to be interviewed.

“We have not been surprised by the participation rate as this was and still is a new program,” spokesman Michael Loepp said.

The deadline to apply for the next round of funding is Jan. 1.

Wiegand said Macomb County bought a trailer to haul and store illegal marijuana plants.

“We took more than 100 plants out of a person’s house,” he said. “It’s hard to put all that in the property room.”

One issue reported by the Oakland County Sheriff’s Office is that patients or caregivers are becoming better at cultivating marijuana and the plants are growing big enough to provide one pound of marijuana. With 12 plants per patient, they are going over the 2.5 ounces, the office reports.

“The MMMA does not provide a legal remedy for the patient or the caregiver to address this issue,” Oakland County Sheriff’s Lt. Brent Miles wrote.

Read the full state report online.

Read The State of Michigan Statistics and Report

Cannabis shops in Colorado are not selling to underage individuals

Cannabis shops in Colorado are not selling to underage individuals

Cannabis shops in Colorado are not selling to underage individuals, according to a study recently published in the Journal of Studies of Alcohol and Drugs. In Colorado it is illegal for minors under the age of 21 to use, purchase, or possess marijuana. With the risk of losing a license to sell cannabis, 19 out of 20 retailers evaluated in this study did not sell cannabis to individuals who failed to identify themselves as being 21 years or older.

In addition, the study concluded that the rate of compliance to underage marijuana laws was potentially higher than that of retailers selling alcohol.

To record their findings, the researchers simply had a “observer” and a “buyer” enter a store once between the hours of 11 am and 5 pm on four weekdays in August of 2015. The observer would walk in first and subtly take a look at the surroundings inside. Then the underage looking “buyer” would enter the store and try to buy cannabis. The buyer did not produce identification if asked. And the buyer would say he or she did not have enough money and leave the store, if the attendant was willing to sell cannabis. The observer would document everything that happened.

One of the researchers, Senior Scientist at the Prevention Research Center, Robert F. Saltz, Ph.D., stated that neither the observer or the buyer were underage.

“Everyone was over 21 but judged by others to appear younger than 21,” Dr. Saltz wrote in a email. “We couldn’t send in actual underage people because that would be unlawful in many places.”

Only one out of the 20 outlets (5 percent) was willing to sell cannabis to a individual who did not produce identification. All of the store clerks asked for identification, nonetheless. And every store had posted signs reading that identification was required for entry.

“[A]pproximately half had signs that only individuals 21 years of age or older could enter (55%) and how to properly use marijuana edibles (50%),” the report reads.

Dr. Saltz recommends that while law enforcement agencies ensure that retailers comply with underage restrictions, retail clerks should be trained to keep cannabis out of the possession of minors and children.

“Regular and routine enforcement alongside staff training (with occasional “boosters”),” Dr. Saltz wrote. “One of the reasons we are developing online, web-based training is that staff turnover may be very high (it is for alcohol servers) and so training should be available continually as new staff come on line.”

The researchers went on to conclude that minors may not be buying cannabis directly from retailers; however, further research should be conducted to determine whether minors are accessing marijuana by having people who are of legal age buy it for them.

“This is an entirely new market and I don’t think we know yet how it may evolve and what kind of products or promotions might appear in the near future,” Dr. Saltz wrote. “For some time, research on marijuana/cannabis was difficult, so we’re playing a bit of “catch up” at this point.”

Read more at http://housely.com/colorado-cannabis-retailers-dont-sell-to-minors-study-finds/#PGpKrIvf2sHBaMys.99

Ballot measures aim to limit police forfeitures

Ballot measures aim to limit police forfeitures

Orchard Lake and Sylvan Lake have two of the smallest police forces in Michigan, but voters there will be asked to curb their powers to confiscate property associated with crime.

 

Ballot measures in both communities would require a criminal conviction before police could pursue a civil forfeiture of property related to the crime. Any money seized from criminals also would have to be used to fund local road repairs, under the proposal.

 

Police across Michigan and around the country have used civil forfeiture to seize the assets of drug dealers and other criminals. Critics argue the standards are so lax that police can take property without ever charging its owner with a crime.

 

“It’s really counter to what the United States stands for, innocent until proven guilty,” said Scott Tillman, national field director for the Liberty Initiative Fund, a nonprofit group that claims as its mission “holding government accountable, fighting crony capitalism and protecting civil liberties.”

 

► VOTER GUIDE: See where candidates stand on issues important to Michigan

 

Tillman said he targeted the two communities not because of abuses there, but to raise awareness of the issue.

 

“Once people know about it, they have hard a time believing it happens in the U.S.,” he said.

Orchard Lake Mayor Norm Finkelstein said his city hasn’t pursued any civil forfeitures in recent years.

 

“If passed, it would be meaningless because it conflicts with state law,” Finkelstein said. “Forfeiture proceeds can only be used as the law allows.”

 

Tillman acknowledges that state law may prevent seized money from going toward road repairs, but said the rest of the proposal, especially the requirement of a criminal conviction, can stand.

Other ballot measures in Oakland County include:

 

Franklin Village: Voters are asked to approve a $15-million bond proposal for street repairs. It would cost the owner of a $200,000 home about $320 a year for a maximum of 15 years. Voters also face 10 ballot questions related to charter amendments, including one that would require a vote to connect to a municipal water system. One measure would amend the charter to say that the village records are subject to the Michigan Freedom of Information Act, though that law already applies to all communities in Michigan.

 

Lake Orion Village: Voters are asked to approve a measure that would allow the village to levy up to 1.4 mills in additional taxes for police service. The measure would override the Headlee Amendment and would cost the owner of a $200,000 house about $140 per year.

 

Oxford Village: Voters are asked to amend the village charter to make all village records subject to disclosure under the Michigan Freedom of Information Act. All municipal records are already subject to the FOIA, whether local charters acknowledge it or not.

 

Pontiac: Voters are asked to approved a 1.5-mill tax increase to fund youth centers. The measure would cost the owner of a $100,000 house about $75 annually.

 

Wixom: Voters are asked to approve a new 3.5-mill tax to fund police, fire, public works and parks and recreation. The tax would cost the owner of a $200,000 home $350 annually.

 

Contact John Wisely: 313-222-6825 or jwisely@freepress.com. On Twitter @jwisely.

Judge hears arguments in class action marijuana lawsuit

Judge hears arguments in class action marijuana lawsuit

DETROIT, Mich. — A judge on Wednesday heard arguments in a federal class action lawsuit filed by medical marijuana patients and caregivers against several Michigan law enforcement and crime lab officials.

 

The suit, filed in June, claims that because of false lab reports, prosecutors are charging people with felonies without proof, illegally arresting them and seizing assets.  Four patients and caregivers are suing the directors of the Michigan State Police, their crime labs and the publicly-operated Oakland County lab and that county’s sheriff.

 

Chief Judge Denise Page Hood of the U.S. District Court for the Eastern District of Michigan in Detroit said she will issue an opinion and decide whether the labs’ marijuana reporting policies violate the Fourth Amendment and due process rights of the medical marijuana patients and caregivers.

 

Read the plaintiffs’ lawsuit here.

 

Read the state defendants’ motion to dismiss here.

 

One of the four plaintiffs, Max Lorincz from Spring Lake, testified to having hash oil, but was charged with a felony for having synthetic THC.  He lost custody of his 6-year-old son to foster care for 18 months until his case was dismissed; a case and statewide scandal FOX 17 broke last year.

 

“The problem is, the way that the Oakland County lab and the Michigan State Forensic Science Division is reporting still would allow for arrests, still would allow for these patients and caregivers to not have immunity because they’re reporting it as something other than marijuana,” said Michael Komorn, the plaintiffs’ attorney.  “And the law enforcement community, as far as we know, is still arresting people for possessing these substances.”

 

In court Wednesday, Defense Attorney Rock Wood with the Michigan Attorney General’s office representing the state police and crime labs’ directors, along with Defense Attorney Nicole Tabin representing the Oakland County lab’s director and sheriff, declined requests for comment. Wood argued this is not a case involving altered, hidden or destroyed evidence. Instead, the defense writes in their motion to dismiss the case:

 

“The MSP policy is consistent with the current national standard for testing of seized drugs and avoids speculation as to the source of chemical components unless there is zero qualitative uncertainty.”

 

Ultimately, the labs’ policy states that unless there is marijuana plant matter seen along with THC, scientists label it “Schedule 1 THC, origin unknown,” instead of marijuana.  This is the difference between a felony, or a marijuana possession misdemeanor which patients and caregivers can be immune for under the Michigan Medical Marijuana Act.

 

The plaintiffs’ attorneys and their experts say that 100 percent certainty for any evidence, even DNA is not possible.

 

“You know that nobody’s going to go through the trouble of synthesizing THC, along with other cannabinoids,” said Timothy Daniels, another attorney representing the plaintiffs.  “And therefore you know to almost a 100 percent, and I won’t say 100 percent, let’s say 99 percent certainty, that is marijuana, not synthetic.”

 

Overall, the Michigan Medical Marijuana Act protects licensed patients and caregivers from charges and prosecution for having limited amounts of usable marijuana, not THC with an unknown origin.  It’s this lab policy the suit is working to stop.

 

“It’s a little troubling that the defense is still suggesting their reporting practices are honorable,” said Komorn.

 

Statewide, as crime labs continue to report THC and marijuana in ways that many call controversial, the decision now rests in the judge’s hands.  It’s a decision that could potentially reopen hundreds of cases across Michigan.

 

Meanwhile, recently passed legislation now legalizes medical marijuana patients and caregivers use of marijuana extracts like oils and edibles. The defense argued the lawsuit is moot in part due to this, however the plaintiffs’ attorneys stand firm that people continue to be unlawfully arrested, charged, and prosecuted for possession of extracts due to the labs’ reporting policy.