A secured and safe vote thanks to new laws in Michigan

A secured and safe vote thanks to new laws in Michigan

Governor Whitmer Signs Historic Election Bills Package to Ensure Every Vote Can be Cast and Counted

In Case You Missed It

November 30, 2023

“Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last year when they overwhelmingly passed Proposal 2, and now we are building on that effort. By banning deepfakes and AI in campaign advertisements, criminalizing violence towards election workers, and allowing souls to get to the polls, we are making our sure every Michigander’s vote is cast and counted.”

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

“This is a great day for democracy and for the people of Michigan,” said Secretary of State Jocelyn Benson. “I’m grateful to the Governor and to our legislative partners doing the thoughtful, collaborative work to make our elections safer and more accessible for all citizens. With these new tools we are well-prepared to administer secure and fair elections in 2024 and to preserve the strength of Michigan’s democratic process for future generations.”

Protecting Election Workers and Officials

House Bill 4129, sponsored by state Representative Kara Hope, guarantees protection under the law for Michiganders from the actions of intimidating an election official and preventing an election official from performing the official’s duties during an election and enforces a corresponding criminal penalty.

Senate Bill 505, sponsored state Senator Dayna Polehanki, would prescribe a maximum felony penalty of five years for individuals engaging in activity that would prevent or prohibit election workers from doing their jobs.

Improving Election Efficiency

Senate Bill 385, sponsored by state Senator Erika Geiss, amends Michigan Election Law making it easier for Michiganders to participate in the Democratic process as an election inspector by allowing them to file an application online, which will also save counties, cities, and townships money on paperwork.

“At the heart of our democracy is the essential right to vote. Today, with House Bills 4983 and 4695, we’re making it easier to exercise that right,” said state Representative Penelope Tsernoglou (D-East Lansing).  “These bills speak to our collective responsibility to uphold the democratic values that define us.

House Bill 4569, sponsored by state Representative Betsy Coffia, allows for preregistration of an applicant that is at least 16 years old but not older than 17 and a half, so that the Secretary of State can process their voter registration in that eligible election year. 

“Allowing young people to pre-register to vote — particularly while they’re learning about civics and the democratic process in school — will undoubtedly increase participation in our elections by ensuring when they are legally eligible to vote at 18, they will be all set to become a lifelong voter,” said State Representative Betsy Coffia (D-Traverse City)

Voter Registration

Senate Bill 594, sponsored by state Senator Jeremy Moss will expand voter registration options for citizens by allowing folks to register to vote using the last four digits of their social security number which is commonly used as a secure method in other areas of government.

House Bills 4983, 4984, 4985, and 4986 further expands Michigan’s automatic voter registration process.

House Bill 4983 requires the Secretary of State to register any person who applies for a license or ID card who is eligible to register to vote and to send that applicant a notice of registration with an instruction on how to decline that registration.

Don’t do what you do

House Bills 5143, sponsored by state Representative Matthew Bierlein, defines “artificial intelligence” under the Michigan Campaign Finance Act. 

“Artificial Intelligence is a rapidly evolving technology. As we go forward, it’s going to have an even greater impact on our elections process and how people consume political information leading up to elections,” said state Representative Matthew Bierlein (R-Vassar). “Transparency is crucial as this technology moves forward and I’m looking forward to working with my colleagues across the aisle on a bipartisan package to address these evolving concerns.”

House Bill 5144, sponsored by state  Representative Penelope Tsernoglou, makes it a crime for a person to knowingly distribute materially deceptive media generated by artificial intelligence if they do so with the intent of harming the reputation or electoral prospects of a candidate in an election occurring within 90 days and deceiving voters into falsely believing that the depicted individual engaged in the fake speech or conduct, and the distribution is reasonably likely to have that result.

House Bill 5145, sponsored by Representative Noah Arbit (D-West Bloomfield), adds a felony sentencing guideline for a person who violates House Bill 5144 more than once within five years.

Legal Counsel and Your Rights

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.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Can I be arrested for flying a drone in Michigan?

Can I be arrested for flying a drone in Michigan?

Someone asked us… Can I be arrested for flying a drone?

As we have seen … They can charge you and arrest you for whatever they want. 

But Can I Be Arrested or Fined for Flying a Drone?

Yes, you can be arrested or fined for breaking Michigan’s drone laws. Under MCL 259.322, it is illegal to operate a drone in a way that interferes with law enforcement or emergency operations. Flying a drone over prisons, for example, is strictly prohibited. Violating these laws could lead to arrest, fines, or both.

Additionally, you could be fined for invading someone’s privacy with your drone.

MCL 750.539j makes it illegal to use a drone to photograph or record people in places where they have a reasonable expectation of privacy, like their home. The fine for this offense can vary, but violating privacy laws is a serious matter.

Can My Drone Be Taken Away?

Yes, if you are caught using your drone in a prohibited or dangerous manner, law enforcement may confiscate it.

For example, if you’re flying near critical infrastructure or in restricted airspace, your drone may be seized as “evidence” of the violation.

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

Do I need to Register my Drone?

FAA Drone Registration Requirements:

Drones Weighing More than 0.55 Pounds (250 grams): If your drone weighs more than 0.55 pounds (250 grams) and less than 55 pounds (25 kg), you must register it with the FAA before flying it outdoors. This applies whether you are flying for recreational or commercial purposes.

Drones Used for Commercial Purposes: If you’re flying your drone for commercial reasons, even if it weighs less than 0.55 pounds, it must still be registered under the FAA’s Part 107 regulations. Additionally, as a commercial drone operator, you will need a Remote Pilot Certificate.

Drones Weighing Over 55 Pounds: If your drone weighs more than 55 pounds, additional FAA regulations apply, and registration is mandatory.

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

Do I need to have a pilots license if I build a drone I can ride in?

The above question is really what triggered this article and the picture.

If you build a drone that you can ride in, you would most likely need a pilot’s license to operate it legally, because it would be considered an aircraft under Federal Aviation Administration (FAA) regulations.

The FAA categorizes any manned or unmanned aerial vehicle capable of carrying passengers as an aircraft, and specific rules apply depending on its size, weight, and purpose.

Key Points to Consider:

FAA Certification: If the drone is capable of carrying people, it falls under stricter FAA regulations than standard hobbyist or commercial drones. You would likely need to obtain a Private Pilot’s License (PPL) or another applicable certification, depending on the size and capabilities of the aircraft.

Aircraft Certification: Your personal drone would also likely need to meet the FAA’s certification standards for safety. This would involve testing, inspections, and possibly approvals for experimental aircraft if it is custom-built.

Operating Rules: Manned drones would have to comply with the same operating rules as other aircraft, such as airspace restrictions, altitude limits, and safety regulations. You would also need to follow air traffic control instructions when flying in controlled airspace.

Michigan Laws: In addition to FAA rules, you must comply with Michigan’s laws about aviation, such as MCL 259.80, which covers general aviation regulations in the state. These laws include provisions for safe operation, interference with other aircraft, and operating near public spaces.

Bottom Line:

Building and flying a drone that you can ride in is a serious undertaking that involves federal and state regulations. You would almost certainly need to be a licensed pilot and have your drone certified for safety by the FAA before legally flying it. Make sure to consult with aviation experts or the FAA for guidance on licensing and compliance.

Better call a fighting lawyer and prepare to pay for it. Could be more cost effective for your future and cheaper than sitting in jail.  You don’t make money there. They do.

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.

DRONE NEWS – 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! – Might as well.
—————————————
Drone updates: ‘Something’s going on,’ New Jersey mayor says
——————————
According to the Department of Defense News 12/14/24
https://www.defense.gov/News/News-Stories/Article/Article/4002374/joint-staff-addresses-drones-over-new-jersey-military-installations/

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.”
————————————

Darrrrrr – Watch this and try to believe it.

Michigan Laws

Sextortion – Michigan

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When Can Police Confiscate Your Drone in Michigan?

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Prohibited person possessing firearm

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Do the passengers in your vehicle have 4th Amendment Rights?

Do the passengers in your vehicle have 4th Amendment Rights?

Passengers in a vehicle are afforded Fourth Amendment protections against unreasonable searches and seizures, though the scope of these rights varies based on the specific circumstances surrounding the stop and search.

The Fourth Amendment protects all individuals, including passengers, from unlawful government intrusions.

However, the scope of this protection can vary, especially in the context of vehicle stops and searches.

Fourth Amendment Rights of Passengers

The U.S. Supreme Court has clarified the rights of passengers in several key cases. In Brendlin v. California (2007), the Court ruled that passengers, like drivers, are “seized” during a traffic stop and therefore have the right to challenge the legality of the stop. This means that if the stop is found to be unlawful, any evidence obtained as a result may be suppressed, even if it was found on a passenger.

However, the right to challenge the stop does not necessarily extend to a right to challenge the search of the vehicle. In Rakas v. Illinois (1978), the Supreme Court held that passengers do not have a legitimate expectation of privacy in a vehicle they do not own or control. Therefore, while a passenger can challenge the stop itself, they cannot generally challenge the search of the vehicle unless they have a personal privacy interest in the area searched, such as in their personal belongings.

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

Michigan Law and Passenger Rights

Under Michigan law, as per the Michigan Compiled Laws (MCL), the rights of passengers align with federal standards. For instance, MCL 257.742 outlines the procedure for stopping vehicles and the obligations of drivers and passengers during traffic stops. While the law primarily addresses the driver’s responsibilities, passengers are also protected under the broader umbrella of the Fourth Amendment.

However, Michigan courts, following federal precedent, generally hold that passengers cannot challenge the search of a vehicle unless they can demonstrate a personal privacy interest in the area searched. For example, if a passenger’s personal bag or purse is searched, they may have standing to challenge that search.

Consent and Plain View Doctrine

If a driver consents to a search, that consent typically extends to the entire vehicle, including areas where passengers’ belongings may be stored. However, the scope of the consented search must be reasonable. Similarly, under the plain view doctrine, if an officer lawfully stops a vehicle and observes illegal items in plain view, those items can be seized without violating Fourth Amendment rights, regardless of whether they belong to the driver or a passenger.

Conclusion

Passengers in a vehicle do have Fourth Amendment rights, particularly concerning the legality of the traffic stop. However, their ability to challenge the search of the vehicle is limited unless they can show a personal privacy interest in the area searched. The balance between individual rights and law enforcement authority continues to be shaped by court rulings, both at the federal and state levels. Understanding these nuances is essential for recognizing the protections afforded to passengers under the Fourth Amendment.

Legal Counsel and Your Rights

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.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

Do you know what to do if you are pulled over by a police officer?

Below is some information that can help to make a traffic stop less stressful and safer for everyone.

  • First, when you notice emergency lights behind you, pull over to the right side of the road as soon as it’s safe to do so. Keep calm and try to remain still. Stay in your vehicle, open the driver’s side window and keep your hands in sight on the steering wheel.
  • When the officer asks, provide your driver’s license, vehicle registration and proof of insurance. At this point in the traffic stop, the officer should tell you why you were stopped. If he or she doesn’t, it’s okay to inquire about the reason for the stop once you have provided your driver’s license, vehicle registration and proof of insurance. When addressing the officer, speak with the same level of respect you expect from him or her.
  • If the officer issues you a citation, don’t argue the reason for it during the traffic stop. The best and most appropriate place to dispute a citation is in court.
  • When the officer tells you it’s okay to leave, make sure your seat belt is buckled and that it’s safe to enter the roadway before pulling out. As you get back on the road, follow all traffic laws, including using your turn signal. The officer will likely remain on the side of the road, with lights activated, until you have safely re-entered traffic.

If you feel the officer acted inappropriately or didn’t treat you fairly, it’s okay to follow up with a phone call to his or her supervisor.

Source: Michigan Government

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Probable Cause v Reasonable Suspicion

Probable Cause v Reasonable Suspicion

What’s the difference between probable cause and reasonable suspicion?

Definition of Probable Cause

Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in the near future.

Legal Repercussions of Probable Cause – Probable cause serves as the necessary foundation for obtaining a search or arrest warrant and empowers a police officer to make an arrest if a crime is witnessed in progress.

Definition of Reasonable Suspicion

Reasonable suspicion has been defined by the United States Supreme Court as “the sort of common-sense conclusion about human behavior upon which practical people . . . are entitled to rely.”

Further, it has defined reasonable suspicion as requiring only something more than an “unarticulated hunch.” It requires facts or circumstances that give rise to more than a bare, imaginary, or purely conjectural suspicion.

Reasonable suspicion means that any reasonable person would suspect that a crime was in the process of being committed, had been committed or was going to be committed very soon.

Legal Repercussions of Reasonable Suspicion – When an officer has reasonable suspicion in a given situation, they are permitted to briefly detain or frisk the suspect.

However, reasonable suspicion alone does not authorize a full search of a person or their vehicle unless the individual is on school property.

It is important to note that reasonable suspicion does not provide sufficient grounds for an arrest or for obtaining a search warrant.

The Difference Between Probable Cause and Reasonable Suspicion

It is common for individuals to confuse the terms probable cause and reasonable suspicion, yet each has distinct implications that affect a person’s rights, the appropriate law enforcement procedures, and the overall outcome of an encounter with police.

Reasonable suspicion serves as a preliminary step prior to establishing probable cause; it indicates that there is a belief a crime may have occurred. This situation transitions into probable cause when the evidence suggests that a crime has most likely taken place.

Stop and Frisk

In Terry v. Ohio, 392 U.S. 1 (1968), the court recognized that a limited stop and frisk of an individual could be conducted without a warrant based on less than probable cause.

The stop must be based on a reasonable, individualized suspicion based on articulable facts, and the frisk is limited to a pat-down for weapons.

An anonymous tip that a person is carrying a gun is not, by itself, sufficient to justify a stop and frisk. Florida v. J.L., 529 U.S. 266 (2000).

Florida v. Bostick 501 U.S. 429, 437 (1991) – A person’s refusal to cooperate is not sufficient for reasonable suspicion.

Illinois v. Wardlow, 528 U.S. 119, 124-25 (2000). – A person’s flight in a high crime area after seeing police was sufficient for reasonable suspicion to stop and frisk.

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

The same requirement of founded suspicion for a “person” stop applies to stops of individual vehicles.

United States v. Arvizu, 534 U.S. 266 (2002). The scope of the “frisk” for weapons during a vehicle stop may include areas of the vehicle in which a weapon may be placed or hidden.

Michigan v. Long, 463 U.S. 1032 (1983). The police may order passengers and the driver out of or into the vehicle pending completion of the stop.

Maryland v. Wilson, 519 U.S. 408 (1997). The passengers may not be detained longer than it takes the driver to receive his citation. Once the driver is ready to leave, the passengers must be permitted to go as well.

During a stop for traffic violations, the officers need not independently have reasonable suspicion that criminal activity is afoot to justify frisking passengers, but they must have reason to believe the passengers are armed and dangerous. Arizona v. Johnson, 129 S Court. 781, 784 (2009).

Legal Counsel and Your Rights

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.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Are there exceptions that justify warrantless searches?

Are there exceptions that justify warrantless searches?

The Fourth Amendment of the U.S. Constitution safeguards citizens by prohibiting unreasonable searches and seizures and generally mandates the necessity of a warrant for such intrusions.

However, there are specific contexts where warrant requirements are relaxed or not applicable. Here are six notable exceptions:

Border Searches

At U.S. borders and international points of entry, law enforcement officials have broad authority to conduct searches without a warrant. This includes searching individuals, vehicles, and luggage. The rationale is that the government has a sovereign interest in protecting its borders and regulating who and what enters the country. These searches are considered reasonable under the Fourth Amendment due to the national security interests at stake.

Drug Testing

Drug testing by government employers, schools, or other institutions can occur without a warrant or individualized suspicion in certain circumstances. For example, random drug testing of student-athletes or employees in safety-sensitive positions is allowed. The Supreme Court has upheld such practices, balancing the government’s interest in safety and public welfare against individual privacy rights.

National Security

In matters of national security, the government can conduct searches without a warrant under specific conditions, such as through the Foreign Intelligence Surveillance Act (FISA). These searches are typically related to monitoring foreign spies, terrorists, or other national security threats. The courts have generally granted the government greater leeway in these cases, recognizing the unique and urgent nature of national security concerns.

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

School Searches

School officials have the authority to search students and their belongings without a warrant, provided they have reasonable suspicion that the student has violated a school rule or law. The standard for these searches is lower than in other contexts because schools are responsible for maintaining a safe and orderly environment conducive to education.

Searches of Prisoners, Parolees, and Probationers

Individuals owned by the criminal justice system, such as prisoners, parolees, and probationers, have a reduced expectation of privacy. Warrantless searches of these individuals and their property are permitted under the terms of their incarceration, parole, or probation. These searches are justified by the government’s interest in maintaining security and ensuring compliance with the terms of their release.

Workplace Searches

Government employers can conduct warrantless searches of employees’ workspaces, particularly if there is a reasonable suspicion of work-related misconduct or if the search is part of a general policy to ensure workplace efficiency and security. The expectation of privacy in a government workplace is lower, especially when the area searched is related to work rather than personal activities.

These exceptions illustrate the balance between individual rights and the government’s need to ensure safety, security, and efficiency in specific contexts where the warrant requirement is not strictly enforced.

Are there more? Yes.

Legal Counsel and Your Rights

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.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

Do you know what to do if you are pulled over by a police officer?

Below is some information that can help to make a traffic stop less stressful and safer for everyone.

  • First, when you notice emergency lights behind you, pull over to the right side of the road as soon as it’s safe to do so. Keep calm and try to remain still. Stay in your vehicle, open the driver’s side window and keep your hands in sight on the steering wheel.
  • When the officer asks, provide your driver’s license, vehicle registration and proof of insurance. At this point in the traffic stop, the officer should tell you why you were stopped. If he or she doesn’t, it’s okay to inquire about the reason for the stop once you have provided your driver’s license, vehicle registration and proof of insurance. When addressing the officer, speak with the same level of respect you expect from him or her.
  • If the officer issues you a citation, don’t argue the reason for it during the traffic stop. The best and most appropriate place to dispute a citation is in court.
  • When the officer tells you it’s okay to leave, make sure your seat belt is buckled and that it’s safe to enter the roadway before pulling out. As you get back on the road, follow all traffic laws, including using your turn signal. The officer will likely remain on the side of the road, with lights activated, until you have safely re-entered traffic.

If you feel the officer acted inappropriately or didn’t treat you fairly, it’s okay to follow up with a phone call to his or her supervisor.

Source: Michigan Government

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Domestic Violence Conviction Prohibits Gun Ownership

Domestic Violence Conviction Prohibits Gun Ownership

No Second Amendment Rights For YouIf 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) 357-2550A federal judge in Michigan has ruled that a man with a prior...

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SCOTUS Decision Gives Starbucks a Win in Labor Dispute

SCOTUS Decision Gives Starbucks a Win in Labor Dispute

The decision underscored the principle that only activities that are essential and directly related to an employee's primary job responsibilities are subject to compensation. In a recent decision by the Supreme Court of the United States (SCOTUS), Starbucks received a...

The 6th Amendment – Do You Know What It Is?

The 6th Amendment – Do You Know What It Is?

The 6th Amendment: is it still a thing?The 6th Amendment to the United States Constitution is a crucial pillar of the Bill of Rights, designed to ensure fair and just legal proceedings for individuals accused of crimes. Ratified on December 15, 1791, this amendment...

The US Supreme Court and Federal Gun Law Cases

The US Supreme Court and Federal Gun Law Cases

The US Supreme Court and Federal Gun Law CasesChallenges to Federal Gun Laws the right of the people to keep and bear Arms, shall not be infringed Updated July 8, 2024 Ratified in 1791, the Second Amendment provides, “A well regulated Militia, being necessary to the...

Do Passengers in a Vehicle have 4th Amendment Rights?

Do Passengers in a Vehicle have 4th Amendment Rights?

Do Passengers have 4th Amendment Rights?Michigan Supreme Court Limits Police Ability to Search Passenger Property in CarsBackground Mead was a passenger in a car and had just met the driver, who offered him a ride. When the police stopped the vehicle and ordered both...