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.
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 PLLC is proud to announce a victory in a DHHS/CPS matter in Hillsdale County. These cases, involving the removal of children from parents are always the toughest.
This case received some notoriety in the press, because the incident that resulted in the removal of the child, involved allegations of Cannabis use/possession (by only one of the parents) – by a Michigan Medical Marihuana patient-parent.
The crime or incident that caused the removal one could say, was being in Alabama.
The legal basis of removal in Alabama was the arrest for possessing medical marihuana, and not having a safety plan in place, while in Alabama, when they were arrested. ( Despite having a relative available in Alabama available to take temporary custody of the child). Also, and contrary to Michigan Law, the removal proceeding occurred without either parent being present in Court (they were in custody for Marihiana Possession). There was never an opportunity to confront the allegations or the accusers and the Alabama Court made its findings based upon the Alabama police reports.
After 5 months of being run through the Alabama gauntlet of parenting classes and drug education and treatment classes, the Court in Alabama decided to return the child to Michigan. The court felt in Alabama recorded the child be returned to the parents and only if there was a reason otherwise, the child should be returned to the Grandparents. No investigation, home study or even a reason was given by the Michigan CPS why the child wasn’t returned to the parents. No one at CPS contemplated or even considered the basis of the removal from Alabama. The Court in Michigan gave “ Full Faith and Credit to the Alabama decision to remove the child”.
While attempting to argue my point to the court, I couldn’t help but refer to this situation as “Kafkaesque”. (Kafkaesque-characteristic or reminiscent of the oppressive or nightmarish qualities of Franz Kafka’s fictional world. “a Kafkaesque bureaucratic office” especially : having a nightmarishly complex, bizarre, or illogical quality.
The word Kafkaesque is characterized by nightmarish qualities, absurd bureaucracy, and unnecessary and illogical circular reasoning.
When You Need An Attorney – You Need An Attorney ! You can’t just hire anyone – because you only get one chance to get it right. Hire one that will step into the ring take one to the face from the justice system and bounce back up still ready to fight. Hire the team at Komorn Law … because to win… you have to surround yourself with winners.
The reason for the arrest was because a Michigan Medical Marihuana Patient was in Alabama and Cannabis is illegal, and he was arrested.
His wife was present and she also got arrested.
The State of Alabama removed the child because the parents didn’t have a plan in place for when they would be arrested and what to do with the child when they got arrested.
They never got notice of the allegations for the removal of the child
They never got a chance to confront there accusers.
They were never presented with a charging document or a petition setting forth the allegations.
They never were given an opportunity to appear in court to fight the allegations.
They were never provided counsel.
Despite the treatment of this matter by the State of Alabama, the State of Michigan, accepted the findings, holdings and orders of the Court.
No one in the Michigan CPS system or the Courts system questioned the Alabama removal which was based upon an arrest for possessing medical marihuana.
The Michigan Court it turned out is not a proponent of Medical Marihuana.
The Court made references to “studies” that showed “ Bad Parenting” associated with the use of cannabis.
When asked what studies was the court referring to, the Court could not name a study.
The court was adamant when it explained its position and belief that any ( even medical use of Marihiana) cannabis use by parents puts the child in danger.
When reminded that in 2008, more than 3 million Michiganders ( at the time, more votes cast for this issue than any other issue ever, in the history of the voting in the State of Michigan) passed the MMMA, which specifically sets forth protections for parents to use medical marijuana, and when in State Compliance, not be arrest, prosecuted or suffer penalty of any kind. (Section 33326424 (d) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated), the Court was unmoved.
There has never been a CPS case opened in the past regarding these parents.
They have 2 other children currently living in the home, CPS was unmoved or concerned.
The Guardian Ad Litem (GAL), the attorney appointed to represent the child in this matter, (assigned with the sole task of looking out for the best interest of the child) when asked by the Judge, what his recommendation was regarding the placement of the child, stated: I am still unsure why the State of Alabama removed the child, and I am even less clear as to why the State of Michigan continues to support that removal.
I can’t recall a time, in all my years of practicing law, that I was in a situation where the Court was operating under Alabama law while being in a Michigan Court. Worse yet, this Michigan Court was punishing or continuing to punish the parents and the child based upon Alabama law, which all parties and the courtly admitted they knew nothing about.
The Court’s opinion, while important ignored the existing law in Michigan and had personal concerns and beliefs that were contrary to the law in the Michigan.
At no time has there ever been an identified allegation that created an unreasonable danger to the mine or or that was clearly articulated and substantiated.
Despite all of the above, or maybe because of all of the above, today the Court agreed to return the child to the parents, by Wednesday of next week. The Court demanded that prior to returning the child, the Husband and father provide a safety plan for his use of low thc cannabis gummies, just to make sure that the child isn’t effected by his medical use. I am calling it a Victory, or maybe a Kafkaesq Victory. Big shout out to Aly, Steve, Jen, Dan and Jeff Frazier of Komorn Law PLLC, who contributed in this battle.
(6 Days until the Child is returned)
Michigan family fights to get custody of son after out-of-state arrest
RACHEL MCCRARY, ANNA MUCKENFUSS POSTED JUL 18, 2021 0
A Michigan family is fighting to get custody of their son after being arrested out of state for marijuana possession.
What started as a quick trip to pick up her husband, ended up being the court battle of a lifetime for Erika Prock.
Prock lost custody of their son and have yet to get it back.
“It’s been torture, literally torture,” Prock said. “There’s just no communication. It’s a mess.”
In March, Prock drove from her Hillsdale, Michigan residence to pick up her husband from her in-laws in Alabama with her 18-month-old son Braxton.
On the way home they were in Lawrence county, Alabama and were stopped by police.
They were searched and arrested when officers smelled weed and found Prock’s husbands’ pot in the trunk.
“It was four and half ounces, it was like this much, I don’t know if that’s a lot, I don’t smoke,” Prock said.
While marijuana is legal in Michigan, you may not carry more than 2.5 ounces of cannabis at a time, but in Alabama, recreational marijuana is illegal.
Prock said being from Michigan and not a smoker she had no idea on the severity of the crime.
The family said they instantly lost custody of their son and the process to get her son back has been slow.
“The children and parents are the ones suffering when this my son could have been back here in back in April when he was ordered to be transferred back here,” Prock said.
Instead of returning to Michigan, Prock and her husband moved into a tent behind her in-laws’ trailer while they fight allegations in criminal and family court.
“They took Braxton and put him into DHS care, they never asked if we had family. They never asked if there was anyone to come get him, they just took him away,” Prock said.
Prock said police took her to jail for failing a sobriety test, she said the only reason she failed was because she had a sprained ankle. Prock later passed the drug screening.
The good news is that Braxton is finally being transferred home to Michigan on Monday after months of confusion and court hearings.
Prock she wanted to share her story to warn others.
“Because I want to bring awareness to the laws when you cross a different line, how this could happen to anybody,” Prock said.
Alabama’s drug laws are some of the toughest in the nation. One of those laws is Alabama Code – Section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances are Produced or Distributed.
As the name implies, the law was initially created to fight the growing meth problem in parts of Alabama. It was designed to be brought against parents and other parties who are caught operating meth labs in houses where children are present, exposing those children to dangerous chemicals., it is now also used in cases involving otherwise law-abiding parents who are caught in possession of very small amounts of drugs, including prescription drugs.
According to an article from AL.com, women have been more likely to be prosecuted under this law than men. Research also shows that a disproportionate number of the people prosecuted under this law have been pregnant mothers.
The chemical exposure law makes it a class c felony when a person “Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia.” As such, it carries a sentence of up to 10 years in prison. Note that there need be no evidence of any harm to the child in order to obtain a conviction.
If the child is harmed, the charge can escalate to a higher level felony and carry even more prison time upon conviction.
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.
The Charge – OWI (Accident and 17 nanograms of THC)
Set for Trial
Thursday, March 18, 2021 at 8:00 am. We arrived at the Roscommon District Court House and were prepared for a 2-day jury trial. We had been preparing for weeks prior for this ongoing case from two years ago (March 2019) that the prosecutor insisted on pursuing.
The Complaint
The Complaint against our client was an alleged OWI Operating While Intoxicated/ Under the Influence or a Controlled Substance. As with all OWI cases, we would also need to defend the lesser included charges of (Operating While Impaired). ( link to both Statutes here).
The prosecution had a lab report that stated there was a suspected 17 nanograms of THC and100 nanograms of Carboxy-THC.
Types of Charges
According to the information posted on the Michigan SOS site the following (current 3/20/21)
Operating While Visibly Impaired (OWVI) means that because of alcohol, controlled substance, or other intoxicating substance, you ability to operate a motor vehicle was visibly impaired.
Operating While Intoxicated (OWI) includes 3 types of violations:
Alcohol, drugs or other intoxicating substance in your body substantially affected your ability to operate a motor vehicle safely.
A bodily alcohol content (BAC) at or above 0.08. This level can be determined through a chemical test. High BAC means the alcohol level in your body was at or above 0.17. This level can be determined through a chemical test.
Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD) means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired. This can be determined through a chemical test.
Case Background
In March of 2019, the police were called to the scene of a single car accident. The vehicle, a 2004 Saturn Ion with apprehensive steering issues, had hit an electric utility pole that caused the neighbors to lose power. The car was totaled.
Upon initial contact with the Advanced Roadside Impaired Driving Enforcement (ARIDE) officer, my client explained the cause of the accident. The passenger tires of her vehicle got caught up in the gravel on the side of the road and she was pulled into the ditch. I lost control of the car and hit the pole.
Within 6 minutes of arriving at the scene the ARIDE officer claimed the vehicle and my client smelled of burnt marijuana. No marijuana was found at the scene.
The ARIDE Officer claimed our client’s pupils were dilated. There were initial concerns from the ARIDE officer with my client’s ability to perform the Standard Field Sobriety Tests (SFST) because of the accident.
Within 9 minutes of arriving at the scene, and prior to any examination by the EMS/ Paramedics, one of the EMS declared that she had been smoking doobies and classified it as dirt weed. “I think she reeks like doobies”. I think she’s smoking dirt weed but I think she’s high” were some statements by the EMS/Paramedic.
We could not wait to find out under oath how this EMS/Paramedic had the expert knowledge of recognizing “dirt weed”.
When the ARIDE Officer asked the victim of the accident (our client) if she was okay to do Standard Field Sobriety Tests (SFST), our client indicated she felt “Fuzzy” from the accident. The ARIDE Officer asked the EMS/Paramedic if he thought our client could perform the SFST. The EMS/Paramedic looked at the totaled vehicle and stated there is not that much damage to the vehicle and I don’t see why she couldn’t take the tests (despite never conducting an examination of our client.
The ARIDE officer then went into the ambulance where our client was seated and being examined by an EMT. The officer was told that he wasn’t done yet, but if he needed to talk to her – he could. The ARIDE officer then told my client she had been cleared to do SFST.
Fail and Arrest (Standard Operating Procedure)
The ARIDE officer then had my client perform SFST and claimed she failed because she was “under the influence of marijuana”. None of the SFST have ever been established to show impairment for marijuana or cannabis). The ARIDE Officer also failed miserably at following the proper protocols in administering the SFST test.
We were ready to address both of these issues on cross examination.
My client was subsequently arrested, consented to a blood draw, and was taken back to the jail. Upon arrival at the jail, she was then tested by the Drug Recognition Evaluator (DRE). That officer concluded my client was impaired by Central Nervous System Depressant CSN, contrary to the ARIDE officer.
We were additionally prepared and looking forward to addressing this issue on cross examination
Back to the Trial
Today… we picked a jury, and prior to the opening statements and some issues about discovery and brady violations, the state decided to Nolle Pros (dismiss all the driving charges) in exchange for a civil infraction plea of responsible… and of course a fine.
What Is a Brady Violation?
The Brady Rule, named after a 1963 case decided by the United States Supreme Court, governs discovery issues in criminal trials. Under its terms, the prosecution must turn over all exculpatory evidence to the defense; this is evidence that is favorable to the defendant and, therefore, might exonerate him, or impeach the credibility of a state witness. The evidence must be material to the case, meaning that if it were divulged prior to or during the trial, it would affect the verdict.
But what about the dirt weed?
Although this case is considered a victory. We still feel like we were shorted somewhat on finding out how the declaration of “Dirt Weed” lead in part to the arrest. We wanted to hear the explanation… we wanted to know how it was determined… that she was smoking “Dirt Weed”.
That moment never came because the allegations of the alleged crime were Nolle Pros.
A Strong Client is the Key to a Successful Outcome
Today… a victory for a client and another revealing look into the justice system.
I want to commend my client for having the courage to stand tall and fight for her rights. She is also did not give in to the unbearable stress and pressure she has had to endure the last 2 years.
Many people do not fight back, or challenge these types of allegations. Despite the seriousness of the accident, she had confidence in the case and our defense that an accident does not automatically equate to the crime of driving under the influence of marihuana. Because sometime an accident is just and accident.
Komorn Law PLLC
I want to thank the entire team at Komorn Law PLLC for the effort that was necessary to accomplish this outcome. Together we saved someone from a state manufactured conviction.
If you or someone you know needs an attorney who is equally driven to win as his clients. There’s just one name they need know… Attorney Michael Komorn of Komorn Law.
I also want to thank all the folks at Komorn Law PLLC for all their efforts in achieving this result. Attorney Alyssa McCormick, Attorney Allen Peisner, Attorney Jeff Frazier, Steve Miller, Jen St. Amant. It was truly a team effort.
I also want to thank Attorneys David Rudoi and Bernie Joucuns for their efforts in assisting in prepping for trial.
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.
If you have been on probation… you know the rules. No consuming illegal drugs especially marijuana. But according to the Michigan Medical Marijuana Act your doctor recommended use of medical marijuana in the State of Michigan… if you are a qualified patient you can not be penalized.
“A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege…” the act states
“Therefore, a court cannot revoke probation upon the use of medical marijuana that otherwise complies with the terms of the MMMA.”
Lead trial attorney and advocate for marijuana law reform Michael Komorn was retained to challenge the probation rule. Komorn is the type of lawyer to take on issue an like this and dive into the foxhole beside his client and fight.
In the end it turned out to be a good day for all Michigan Medical Marijuana patients as the Court of Appeals opinion granted that Michigan judges can’t stop medical marijuana use by probationers.
The fight is far from over…
More details about the case in the links down below. Make sure you read the linked news articles too.
Don’t forget Marijuana is still illegal federally as of this date.
Don’t Challenge the System Alone To Secure Your Use.
Contact Us 248-357-2550 to notify and defend your right to utilize your doctor recommended Medical Marijuana. It will be less costly and easier than doing it from jail.
Komorn Law has been aggressive in fighting for the rights and reform for marijuana laws for over 25+ years.
“There is no better attorney or law firm to represent a client regarding patients, caregivers or businesses out there. They are the experts, they are the clear champions, they are the ones you need in the trench beside you when you’re out gunned by the prosecution” Steve
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.
