Forfeiture without Criminal Charges

Forfeiture without Criminal Charges

Can the police seize your belongings and hold it without charging you with a crime?

Read the summary below and watch Attorney Michael Komorn in the Court of Appeals.

Summary of “Ruben Delgado v. Michigan State Police”:

This case was filed in the Jackson County Circuit Court on July 8, 2022, by Ruben Delgado against the Michigan State Police Marihuana Tobacco Investigation Section. The case was later moved to the Court of Claims.

The central issue appears to be related to property held by the Michigan State Police from February 5, 2021, until the filing of the complaint. Delgado contended that the State Police had a legal duty to return this property as there was no legal reason for its continued possession.

The Court of Claims ultimately granted summary disposition in favor of the Michigan State Police on April 11, 2024. The court’s reasoning was that Delgado failed to file either a verified claim or a verified notice of his intention to file a claim within one year after the claim accrued, as required by the Court of Claims Act (MCL 600.6431). The court noted that neither the original complaint nor a subsequent letter serving as notice was verified. A proposed verified amended complaint was submitted after the one-year deadline, which the court deemed too late to cure the lack of verification.

Therefore, the case was dismissed due to a lack of jurisdiction under the Court of Claims Act, and the court did not consider the merits of Delgado’s claim for mandamus.

It’s worth noting that this case was appealed to the Michigan Court of Appeals under COA #370739, with the case status listed as “Submitted on Case Call” as of April 30, 2024.

In summary: Ruben Delgado sued the Michigan State Police for the return of property. The Michigan Court of Claims dismissed the case because Delgado failed to properly verify his claim within the statutory timeframe. The case is currently under appeal.

If You Tube above fails here is the link below. The segment starts at the 20 minute mark. The link should take you to that point in the video.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Drones – What Drones?

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23andMe filed for Chapter 11 bankruptcy and your data is?

23andMe filed for Chapter 11 bankruptcy and your data is?

As of Friday 3/28/25, the firm’s shares were worth less than a dollar.

If you are charged with a crime you’re part of the State of Michigan family now. Call us – Because you don’t want to be a part of that family.

Komorn Law (248) 357-2550

Genetic testing service 23andMe said on March 23 that it filed for Chapter 11 bankruptcy protection — an effort to keep the company running while reorganizing its debts.

The California-based company, founded in 2006, is facing significant challenges as it grapples with uncertain prospects, having drastically downsized its workforce last year and experienced ongoing financial difficulties since its public offering in 2021, exemplified by its current situation where consumer advocates are urging its 15 million global customers to remove their personal data to safeguard it against potential buyers.

In 2023, a breach occurred, compromising the profiles and genetic data of millions of users.

Just months after commencing trading on the Nasdaq in June 2021, the company reached a valuation of up to 5.8 billion dollars. However, by the year’s end, it had seen its value nearly halved. In 2023, a breach occurred, compromising the profiles and genetic data of millions of users.

Read more here and see graphics at what used to be a good thing CNN

Michigan AG Nessel Urges 23andMe Users to Consider Deleting Accounts Amid Bankruptcy

“23andMe collects and stores some of the most sensitive personal information, our genetic code,” Nessel said. “With the company now in bankruptcy, customers should be aware of the potential risks and consider deleting their accounts to protect their data.” 

Read more about it here and how to delete your DNA file and data.

Stolen, misused, sold, given to the government, whatever. Regrets will be many for doing it when they had the feeling it wasn’t a wise thing to do.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Drones – What Drones? Update

Drones – What Drones? Update

Drone story update January 28, 2025

NJ drones ‘were authorized to be flown by FAA for research,’ Donald Trump says

The mysterious drones that captivated New Jersey late last year were not enemy craft, but instead were authorized by the FAA, President Donald Trump said in a statement Tuesday.

The statement raises numerous questions about why the FBI and law enforcement officers did not know and were not advised that the flights had been authorized by the FAA, or why the FAA did not acknowledge that they had authorized the drone flights.

Read It Here

Previous story – Dec 2024

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding – I think.

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down

Darrr.. What drones? Those drones pose no threat there are no drones. That’s just a balloon, Everything is secure.

Dec. 14, 2024

Right now, the FBI, DHS, FAA and DOD have been unable to determine who is responsible for flying the drones, and there’s no indication that there are adversary nations involved.

“To date, we have no intelligence or observations that would indicate that they were aligned with a foreign actor or that they had malicious intent,” the spokesperson said. “But … we don’t know. We have not been able to locate or identify the operators or the points of origin.”

“The main point is to deter the activity using some of our electronic means that can respond to most of these small commercial systems and deny them access to the airspace over our bases,” the spokesperson said. “We don’t know what the activity is. We don’t know … if it is criminal. But I will tell you that it is irresponsible. Here on the military side, we are just as frustrated with the irresponsible nature of this activity.”

US Department of Defense News

Darrrrr

National Security Concerns

Flying drones near airports, military bases, or other restricted areas can lead to immediate police action. The Federal Aviation Administration (FAA) has strict rules about no-fly zones, and Michigan police will work with federal authorities to confiscate drones that pose a national security risk. Just like in New Jersey, New York, Florida, California and Nevada.

Use You Right To Remain Silent

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

Flying a Drone

Do I Need to Be Licensed?

If you’re flying a drone for commercial purposes, you must have an FAA Part 107 Remote Pilot Certificate. To get this, you’ll need to pass a knowledge test administered by the FAA.

If you’re flying for recreational purposes, you don’t need a license, but you must follow FAA safety guidelines, including flying below 400 feet and keeping the drone within your line of sight.

Do FAA Laws Supersede Local Laws?

Yes, Federal Aviation Administration (FAA) laws take precedence over state or local drone regulations.

This means that federal rules about airspace, drone registration, and licensing apply across the country, including Michigan. However, local laws that don’t conflict with FAA rules—like those concerning privacy or property—can still apply.

Michigan State Laws:

In Michigan, there are no separate state registration requirements for drones beyond the FAA’s regulations. However, local ordinances may still apply, particularly regarding where you can fly the drone, so it’s important to check local rules.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview 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.

Beautiful when they are used for good… 

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If I renounce my US citizenship can I get it back?

If I renounce my US citizenship can I get it back?

Venezuela or Bust

If I renounce my U.S. citizenship can I get it back?

Renouncing U.S. citizenship is a serious legal action. It involves voluntarily giving up your status as a U.S. citizen, usually by signing an oath of renunciation at a U.S. embassy or consulate abroad. This decision is permanent under U.S. law, but there are ways to regain citizenship if circumstances change.

The law governing this is found in Section 349 of the Immigration and Nationality Act (INA). When someone renounces citizenship, they lose their right to live and work in the United States as a citizen. However, it does not bar them from applying to regain citizenship later.

Need to hire one of Michigan’s top legal defense Attorneys?
Do your research then call our office. Komorn Law (248) 357-2550

Section 349 of the Immigration and Nationality Act (INA) outlines the circumstances in which a U.S. citizen can lose their citizenship. The Department of Homeland Security (DHS) is responsible for implementing this section of the law.

Some examples of acts that can lead to the loss of U.S. citizenship include:

Working for a foreign government

A U.S. citizen may lose their citizenship if they work for a foreign government or political subdivision and:

  • They are a citizen of that country
  • They take an oath of allegiance to that country
  • They intend to give up their U.S. citizenship

Renouncing citizenship

A U.S. citizen can renounce their citizenship by:

  • Appearing in person before a U.S. consular or diplomatic officer in a foreign country
  • Signing an oath of renunciation
  • Submitting their U.S. passport to the consular officer

Serving in a foreign military

A U.S. citizen may lose their citizenship if they:

  • Enter or serve in the armed forces of a foreign country that is at war with the U.S.
  • Serve as a commissioned or non-commissioned officer in the armed forces of a foreign country

Even after relinquishing U.S. citizenship, former citizens may still be subject to prosecution for crimes committed in the U.S. or abroad.

They may also be responsible for repaying financial obligations, such as child support, that they incurred as U.S. citizens.

To regain citizenship, you must first qualify under normal immigration laws. This often means applying for a green card (permanent resident status) like any other immigrant.

After living in the United States for a certain period as a lawful permanent resident, typically five years (or three if married to a U.S. citizen), you can apply for naturalization.

Naturalization is the process by which a non-citizen voluntarily becomes a U.S. citizen again.

However, the process is not automatic, and several hurdles may arise:

Intentionality: U.S. officials will scrutinize whether you renounced citizenship for reasons like avoiding taxes, which could complicate reapplication.

Waiting Periods: Immigration processing times can vary, and you may have to wait several years to regain citizenship.

Limited Exceptions: In rare cases, if someone renounced citizenship under duress (like TDS) or without full understanding of the consequences, they might argue their renunciation was not valid. This situation often requires significant legal effort to prove.

It’s important to know that dual citizenship is an alternative for some. Renouncing U.S. citizenship is not required unless another country specifically prohibits dual nationality.

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Use You Right To Remain Silent

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

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview 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.

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New Laws in Effect for Michigan in 2025

New Laws in Effect for Michigan in 2025

Some laws in effect in 2025 “Enacted by the People of Michigan”

Here we go…

Minimum wage

Improved Workforce Opportunity Wage Act – Michigan’s minimum wage will increase twice during 2025, per a 2018 Supreme Court ruling.

Starting Jan. 1, 2025, the standard minimum wage rate in Michigan will increase from $10.33 to $10.56 per hour.

Those under the age of of 18 will also see an increase, from $8.78 to $8.98 per hour. Minors are required by law to be paid 85% of the minimum hourly wage rate.

Tipped employees rate of hourly pay will go from $3.93 to $4.01 per hour.

The Improved Workforce Opportunity Wage Act, Public Act 337 of 2018 (PDF)

MCL – Section 408.934.amended
408.934.amended Minimum hourly wage rate. Effective 2/21/25

MCL – Section 408.934a.amended
Compensation for workweek in excess of 40 hours; exceptions; rules; unpaid minimum wages; appropriation; compensatory time in lieu of monetary overtime compensation.

– Don’t spend it all in one place.

Earned Sick Time Act

Because everyone is sick…sometimes

The Earned Sick Time Act (ESTA) in Michigan will take effect on February 21, 2025. The law applies to all Michigan employers, regardless of size, and requires them to provide paid sick leave to their employees

Applies to all employers in Michigan with 1 or more employees, except for those  employed by the United States Government. Includes salaried (both exempt and non-exempt) and full and part-time hourly workers.

Accrual rate: Employees will earn one hour of sick leave for every 30 hours worked.

Minimum sick leave: Businesses with fewer than 10 employees must offer up to 40 hours of paid sick leave, while businesses with 10 or more employees must offer 72 hours.

Carryover: Earned sick time must carry over from year to year.
Use: Employees can use sick leave for themselves, their family members, or for certain public health emergencies. They can also use it for domestic violence, sexual assault, or stalking-related purposes.

Read more on your own time.

Need to hire one of Michigan’s top legal defense Attorneys?
Do your research then call our office. Komorn Law (248) 357-2550

Car Safety Restraints

House Bill 4511 makes changes to the existing Michigan vehicle code to align state laws regarding child safety restraints with current federal law.

Under this new law children 12 or younger are required to be in a rear seat of the vehicle; there are also updated requirements base on age and height.

Get out there and buy a $400 car seat for that 12 year old.

Automatic Voter Registration

Beginning June 30, 2025 the Michigan Secretary of State will automatically register any person who applies for a license or ID card who is eligible to register to vote.

The S.O.S. will then send that applicant a notice of registration, including instructions on how to decline that registration should they so choose.

Just like the Automatic State Park Fee.  Here we go again. Michigan eyes hunting, fishing, boating fee increases, change to park fees

Opt out -The new grift.  Fighting to get your money back while they harvest interest on the millions of drivers who automatically paid and want the money back. The perfect hustle. Leave it up to the Government. Just like guilty until you’ve paid thousands to prove innocence and it’s still on your record for the public to find.

How To Find Out If Someone Voted In Michigan?

More Stuff

Driving Under the Speed Limit

We all get irritated with overly slow drivers from time to time, especially on Orchard Lake Road. But is what they’re doing against the law?

It sure is. If you happen to be ticketed for it, you could face a fine of anywhere from $35 to $500.

Read More – 257.627 Speed limits (PDF)

Flashing Your Headlights

This is one of those “it depends” situations.

Michigan law states that it’s illegal to use or flash your high beams within 500 feet of another vehicle. It’s unlikely that you’ll be ticketed for doing it, but it could happen.

Or to warn other drivers of a speed trap…

Drivers must use a distribution of light that’s high enough and intense enough to see people and vehicles at a safe distance. When approaching an oncoming vehicle within 500 feet, drivers must aim their lights so that the glaring rays don’t go into the other driver’s eyes.

Here’s the Law – MCL 257.700

The violation, which is considered a civil infraction, will carry a 2-point penalty for “improper use of lights/failure to dim.

Now let’s talk about those “low beam” LED headlights where you have to just grip the steering wheel and go blindly forward.

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Are you Feeding your Halloween Pumpkins to Deer?

Every year as Halloween approaches, social media fills with suggestions about leaving your carved jack-o-lanterns outside for deer to munch on once you’re finished with them. While this practice is perfectly acceptable in many states, it’s important to note that in Michigan, doing so is classified as baiting and is illegal.

Use You Right To Remain Silent

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

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview 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.

The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you.

The Police took your cellphone – Now what?

After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your cellphone is returned to you in a plastic bag. What just happened?

Well your data on your phone, SIM, SD card if relevant, could have been reviewed or copied or not.

Although it’s not easy to get past the password, fingerprint or face security features, it’s possible they let you make a call and saw your passcode or you asked to make a call while you were in cuffs and they held the phone up to your face or used your finger. 

They then kept the phone awake after that.  Simple tricks.  They may even ask you if you want to make a call so they can do that.

The SIM Card

The SIM card holds little information in smartphones but still has your phone number and other unique numbers that identify it.

Police may use that info to track the location of the SIM card.

Some phones may lack SIM cards or the ability to access them, while others may manage all their data directly on the circuit board, with software modifications. It all depends on issuer, make and model.

The SD card

Your SD card if your phone has a place for it, may contain your photos, videos, texts, data, files and other user content.

This data could play a crucial role in building an extensive personal profile of you while also emphasizing any interactions with other people you may encounter who could inadvertently be classified as individuals of interest.

These tactics can be utilized with minimal justification, to create a rationale for surveillance on you or your contacts in the near future as with anything they find on your phone.

Need to hire one of Michigan’s top legal defense Attorneys?
Do your research then call our office. Komorn Law (248) 357-2550

What are your rights?

Your rights, laws, and protections may vary based on the specifics of your arrest and how your mobile device was seized.

You have the right to refuse a warrantless search of your cellphone. If you find yourself under arrest or in police custody, it is important to clearly articulate that you do not consent to the search of your devices..

A law enforcement agency is authorized to perform a search of your device without a warrant only when it can sufficiently prove that a pressing emergency situation exists. Which shouldn’t be that difficult of a story to make up.

If you are the victim of an unlawful search by Law Enforcement you will have to put up a fight:

If evidence obtained from an unlawful search of your cellphone or electronic device is being used against you in a criminal case, Your attorney should file a motion to suppress that evidence based on 4th Amendment protections against unreasonable searches and seizures.

If evidence obtained from the warrantless or nonconsensual search of your device is not presented against you in a criminal case, you may be entitled to pursue a lawsuit for damages as permitted by Section 1983 of Title 42 of the U.S. Code.

Title 42, Section 1983, of the United States Code is a procedural vehicle by which one whose federal statutory or constitutional rights have been violated can bring an action against state “actors” who commit these violations “under color of law.”

Section 1983 actions include suits over freedom of speech, search and seizure, excessive force, cruel and unusual punishment, and due process violations.

Recent Articles

Forfeiture without Criminal Charges

Forfeiture without Criminal Charges

Can the police seize your belongings and hold it without charging you with a crime?Read the summary below and watch Attorney Michael Komorn in the Court of Appeals.Summary of "Ruben Delgado v. Michigan State Police": This case was filed in the Jackson County Circuit...

read more
Criminal Sexual Conduct (CSC) – Michigan

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Arrested for recording or photographing the police?

You have the right to photograph and take video of law enforcement officers but there are rules. There are rules they make up too like interfering and obstruction.  This usually leads to added charges like resisiting and violence towards a police officer.

 

Here are some links

  • Supreme Court of the United States Whether it has been “clearly established” since at least 2014 that the First Amendment protects the right of individuals to record police officers carrying out their duties in public. 
  • Recording Police – Freedom Forum
  • Glik v. Cunniffe (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place
  • Question Presented  Likewise, the Tenth. Circuit found that filming police was clearly established First Amendment activity, and therefore denied qualified immunity to a police…

Use You Right To Remain Silent

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

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview 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.