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.
MCOA Oral Arguments April 1, 2025 – Panel 4
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.
More Articles

Free Speech, Terror and Michigan Law
Michigan Supreme Court Vacates Court of Appeals Ruling, Temporarily Preserves State Anti-Terror StatuteIf you are...

Judge finds marijuana testing facilities run by ex-cops violated testing results
Viridis Laboratories has faced ongoing allegations of exaggerating THC levels while minimizing the potential risks...

Update on Michigan’s Sick Time Act (Small Business Compliance)
Small Business Compliance Accrual Method: Employees accrue 1 hour of paid sick time forevery 30 hours worked, and...

What Are Your Rights Before And After Arrest?
What are your rights before and after arrest?Generally, police require a search warrant to lawfully enter any private...
More
AG Nessel joined 21 attorneys general to regulate the sale of firearms
Extreme Risk Protection Order to prevent individuals from possessing or owning a firearm for eight years following their conviction. That legislation was signed into law by Governor Gretchen Whitmer in November of 2023.Michigan Attorney General Dana Nessel has joined...
Court Ruling – No bonus for growing weed
COURT RULING – SORRY NO BONUS FOR GROWING CANNABISA marijuana farm worker is unable to succeed in his breach-of-contract lawsuit regarding a $100,000 bonus he claims to be owed for producing a healthy harvest of 1400 pounds of dry cannabis crop as the contract is...
Cannabis workers claimed employer violated labor laws
Allegedly had to put on company-issued personal protective equipment (“PPE”) (such as masks, hair nets, arm sleeves, gloves, scrubs, and protective shoes) before clocking in Close to 1.2 milion settlement for 134 cannabis workers alleging wage violations under federal...
Chinese-funded marijuana farms springing up across the U.S.
Inside the Chinese-funded and staffed marijuana farms springing up across the U.S.During a farm inspection, New Mexico state special agents discovered an excessive number of cannabis plants in violation of state laws. Subsequent visits revealed dozens of underfed and...
AGs – Ex DEA Leaders for Push Public Hearing On Marijuana Rescheduling
State AGs And Former DEA Leaders Push Agency To Hold Public Hearing On Marijuana Rescheduling ProposalIn a filing with the federal government ahead of a key deadline this week, a group of former Drug Enforcement Administration (DEA) leaders is asking the agency to...
Seattle settles case involving – the rights of nature
The Rights of NatureSeattle settled a lawsuit brought by the Sauk-Suiattle Tribe on behalf of salmon harmed by dams on the Skagit River. This is one of the first "rights of nature" cases in the US, and the tribe argued that the lack of fish passage measures violated...