The fourth Amendment lives to see another day. Komorn law is pleased to report another victory for a client entangled in the justice system. After a...
6-30-18 United States v Neece – Federal Case Dismissed
MM cardholder Neece was charged with possession of a controlled substance, 36 CFR 261.53(e) for possessing three joints in his kayak.
The feds alleged his possession in a national forest in violation of the MMMA because someone was seen smoking a joint.
Defendant moved to dismiss under the rider to the Consolidated Appropriations Act (f/k/a Rohrabacher-Farr or Rohrabacher-Blumenauer).
The court dismissed the case, citing McIntosh. The court held that strict compliance must be established to be dismissed. Had the officers seen Neece smoking in public, in violation of the MMMA 333.26427(b)(3), the court would not have dismissed the case.
A big hearty congratulations to Michael Komorn and the Komorn Law team for this victory. To the best of my knowledge, this is the first Michigan MM case to dismissed in federal court for violating the rider.
6-3-14 People vs V – Section 8 Dismissal
Client was charged with improper transport of marijuana in a vehicle. 750.474 but his medical marijuana card expired and and he needed a section 8 defense to remove this conviction from his record. Defendant would be immune from prosecution if he can prove prima facie evidence and a preponderance of evidence of medical use.
The court heard arguments and dismissed the charge of improperly transporting usable marijuana. Court ruled that defendant was immune based on Section 8
Charges were dropped on 6-3-14
08-12-2013 People vs D
Marijuana Criminal Defense
Client charged with marijuana possession in Montrose MI. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and withdrew the plea.
The charge was dismissed.
2-24-2013 People vs N
Medical Marijuana patient charged with 3 counts of Delivery / Manufacture of Marijuana.
Prove defendant was immune from prosecution because of a medical marijuana defense. 333.7401(2)(d)(3) and MCL 333.26424, 333.26428.
Defendant hired Michael Komorn
The defendant was immune from prosecution and that the charges shall be dismissed without prejudice. The prosecutor and court dismissed all three charges on 2-24-2013
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When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.
An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.
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Just some of our victoriesState / 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) 357-2550More...6-30-18 United States v Neece -...
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Komorn law is pleased to report another victory for a client entangled in the justice system.
After a lengthy evidentiary hearing, we heard the magic words stated from the Court,
For these reasons I am going to grant the defendants motion to suppress the evidence seized (our client’s blood) because probable cause did not exist to arrest the driver.
Background
This case was initiated back in January of 2021. Originally charged as a driving under the influence of cannabis, as we see in so many cases, the driver admits to smoking cannabis at some point prior to driving.
After performing some field sobriety tests most people could not pass sober on a warm windless day… you have an arrest. This leads to a blood draw and some charges alleging you were intoxicated while operating a motor vehicle.
Delay of Game
This case was delayed, mostly because in 2022, the Michigan State Police Forensic Science Division (MSP/FSD) announced that it was halting THC testing because the toxicology test used a reagent in the preparation of the sample that converted CBD to THC.
The MSP/FSD then shut itself down, to establish a new THC testing platform. Allegedly, to avoid a backlog during the offline period beginning in August, the FSD outsourced some (700) samples to a private toxicology lab.
Upcharged
It was at that time the State amended the charges in this case from a driving under the influence of marijuana to Operating Under the influence of a combination of Alcohol and a controlled substance (marijuana).
It should be noted that our clients blood alcohol level was below the legal limit, however for reasons that are not supported by science, logic or law, the States theory of criminality was a below the legal limit alcohol level and the presence of THC in the blood.
Officer Report
The story of this case began where it should have ended, at the traffic stop. The arresting officer claimed he observed our client driving with expired tags.
When the officer got behind our client’s vehicle, my client was aware that his tags were expired and upon seeing the police vehicle driving behind him, pulled into a driveway he was familiar with and had done work at that house before.
Upon observing this behavior, the officer became extremely suspicious and after passing by the driveway our client had pulled into, circled back around and waited for our client to depart from the driveway he had pulled into.
Sure enough when our client began to drive again, the office caught back up to our client, followed him for approximately 3/4 of a mile before turning on his sirens and pulling our client over.
Upon approaching the driver, screaming at my client, the officer demanded to know why the driver was “ trying to short block him”.
What do you have in the car, where are you going, why are you being so suspicious and what is wrong with you. Our client tried to explain, his other vehicle wouldn’t start that night, and he was forced to use this vehicle he was driving despite knowing it did not have current registration of the plates.
The officer did not believe our client, claimed he smelled marijuana in the car, and ordered my client out to perform the field sobriety tests.
The Evidentary Hearing
The issue we raised was at the evidentiary hearing, was that probable cause to arrest under these circumstances was not supported by the evidence.
In addition to the police reports the in car video and body cam evidence, was a treasure trove of exculpatory evidence, which supported our position.
After a very thorough cross examination of the arresting officer, including but not limited his training in Field sobriety testing and his substantial compliance with the standards prescribed by the National Highway Traffic Safety Administration (NHTSA).
“Standardized field sobriety test” means 1 of the standardized tests validated by the National Highway Traffic Safety Administration. A field sobriety test is considered a standardized field sobriety test under this section if it is administered in substantial compliance with the standards prescribed by the National Highway Traffic Safety Administration.”MCL 257.62a.
The Court agreed with our position and suppressed the evidence that was seized based upon the illegal arrest and violation of my clients 4th amendment right to be free from illegal searches and seizures.
Charged With DUI or A Cannabis Related Crime?
Hire a Lawyer that has specialized in fighting for those that want to take a stand against the “justice system”
A big shout out goes to our client for having the courage to fight the state on this silly over charged and baseless crime.
When you take a stand and fight for your rights… the cost to hire a lawyer can end up to be less than what the system will takes from you.
Additionally, the Judge in our case was patient, objective, composed and impartial exhibiting some of the best qualities and demeanor from the bench in recent memory.
A Reminder
Limit chit chat and interacting with a police officer during a traffic stop. Admitting to smoking cannabis, although legal, in these situations almost always creates suspicion for officers, that will surely result in the driver being asked to step out of the car so the officer can determined if you are safe to drive.
A driver is not required to participate in providing evidence to the police that will help convict that driver. Participating in the field sobriety testing is not required, and most people should not presume that independent of their self perceived athleticism, that they will satisfy the officers concerns by taking these tests. It is ok to say, my lawyer has told me not to take these tests.
In this case, there was literally no bad driving or even the suggestion that my client was driving less prudent than the normal driver. This case was made by, manufactured by the admission of “ smoking cannabis” and not satisfying the arresting officers requested tests.
It was a good day and the fourth Amendment is still a thing for now.
Vehicle Code:Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
Criminal Law:Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.
Statutes: Code of Criminal Procedure amended to prohibit issuance of appearance tickets to a person arrested for an “operating while intoxicated” offense;Juvenile Law: Individuals who are 17 years of age to be treated as juveniles in criminal proceedings rather than automatically being treated as adults;Did You Know: The mere presence of an unidentified cocaine metabolite is insufficient to prove operation of a vehicle with the presence of “any amount” of cocaine in the body.
Statutes: The Code of Criminal Procedure amended to require persons arrested for certain misdemeanor and ordinance violations not exceeding 1-year in jail to be released from custody upon issuance and service of an appearance ticket;Vehicle Code: The Michigan Vehicle Code amended to eliminate the requirement to provide an audible signal when overtaking another vehicle.
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The court granted our motion to Suppress and Dismiss all evidence
“ The manner by which the evidence was seized violated the accused 4th Amendment Rights, and therefore that evidence is suppressed and all charges shall be dismissed. “
Just leaving Gaylord, where they are still felony prosecuting folks for cannabis. We just completed the second day of an evidentiary hearing and Komorn Law PLLC is happy to report the the Court granted our motion to Suppress and Dismiss all evidence; which included all of the alleged felony Marihuana evidence and the alleged Psilocybin evidence.
The Judge, was well prepared, well researched and delivered a lengthy and detailed analysis of the issues which included but was not limited to the following:
Warrantless Searches are Presumptively invalid, unless the state establishes an exception.
In this case the execution of the eviction order was a recognized exceptions. However that exception is limited to Safety Sweep, which had been exhausted. The next factual sequence involved a search of a drawer, where a firearm was allegedly found.
The Court determined this was an unreasonable search and seizure of the firearm, but this did us no good because my client was not charged with any gun charges.
The court went on to find somewhere in the time line of the execution of the order of eviction, my client allegedly consented to the search, ( usually not good). What was remarkable to me was that the Court found that while there was consent to search, that consent does not allow the seizure of property that is not illegal or probable cause of a crime ( in this case “ marihuana”).
The Court went on to read from MRTMA section 2/4/5/15, correctly concluding that the 10 ounces within the dwelling was not illegal ( civil infraction) and not a crime, and even consent to search does not provide consent to seize items that were not illegal.
The Court then went on to find that the State did not carry its burden of rebutting the presumption of the warrantless search and seizure of the alleged psilocybin. I kept waiting for the judge to find an exception or some reason to justify the search and seizure but it never happened. I even held my breath for the “Good Faith” exception ruling that sometimes happens and that to was not a finding the court made.
Anyhow, it is always rewarding as a lawyer when you go to lengths to establish the illegality or unconstitutionality of a search ( or some government action) and the court agrees. Prosecutor threatening appeal. For now we are calling it a Huge Win.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
December 6, 2022 – Through the diligence and tenacity of trial attorney Michael Komorn and the team at Komorn Law. We are proud to announce – another case dismissed.
YPSILANTI, MI – Less than four months after a company sued Ypsilanti over the city’s marijuana business licensing process, the company has dropped the legal claims.
AMA Operations, LLC — a company that sought one of 10 local marijuana retailer permits — alleged in a lawsuit filed in December the process the city used to dole out the permits broke Michigan law and resulted in “preferential treatment” for competitors.
The company took issue with a scoring system used to rank applicants and sought a court order to nullify some competitors’ permits.
Oct 06, 2021YPSILANTI, MI – Ypsilanti’s Riverside Park will play host to the fourth-ever state-sanctioned cannabis consumption festival this weekend. Of-age attendees at Canna Jam can enjoy …
Jan 13, 2020LANSING, MI — Multiple defense attorneys say they would advise their clients refuse Michigan’s new statewide roadside drug tests. They’re too untrustworthy, they say. The …
Mar 30, 2021Roadside drug tests piloted in Michigan last year can’t immediately tell police if a driver is high, but they are expected to detect recent ingestion …
Mar 30, 2020ANN ARBOR, MI — The Hash Bash marijuana rally that was supposed to happen this Saturday in Ann Arbor is postponed until fall, but organizers …
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Komorn Law is proud to report a significant and relevant case victory directly related to our recent Michigan Court of Appeals Opinion win in the People v. Thue case where as a registered medical marijuana patient cannot be penalized for consuming medical marihuana while on probation.
The Client Issue
Our client was charged with violating his probation for allegedly testing positive for “Marihuana” on 2 occasions. The allegations were based upon a urine test which both indicated the metabolite of Delta-9 THC, Carboxy -11/ COOH-11.
Our client was certified as a medical marihuana patient after the date of the first alleged violation but before the second alleged violation. We had filed several motions, including but not limited to, a “Motion to allow for the Medical Use of Marihauana While on Probation”.
A probation violation hearing began on January 14, 2021, whereby testimony was taken, from the probation officer, and our expert.
Our position and the evidence we presented established that the urine samples indicating the metabolite Carboxy-11 COOH-11, were from a lawful source. The matter was adjourned, mid hearing.
Return to Court
On February 22, 2021 – when we appeared before the court again in person, we were happy to hear the court had read and reviewed the People v,.Thue case, commented on our involvement, and was prepared to rule on the allegations regarding the 2 positive urine tests.
Because of the People v,Thue case our previous position regarding “lawful THC” became moot.
In summary the court found that because of the current valid medical marihuana patient status of my client, he could not be revoked from probation, for either violation. That is to say, that the allegation of his use prior to becoming a registered medical marihuana patient (and the allegation after he became a certified patient) were dismissed.
“Counsel, that is my interpretation of the case” the Court said. To which I replied, I agree that is the correct interpretation.
The Court dismissed both of the violation, and amended the sentencing order to allow for the medical use of cannabis while on bond.
Huge shout out to our client for his courage in wanting to assert his rights and challenge the allegations, the legal defense team at Komorn Law PLLC, and Dr. Land for his expertise in science and assistance in presenting our case.
