Our clients in Wayne and Garden City were charged with four counts of controlled substance felonies, as well as the police seizing retirement bank accounts, vehicles and other unrelated property.
Count 1: Controlled Substances – Delivery / Manufacture of marijuana 5-45 kilograms
Count 2: Controlled Substances – Delivery / Manufacture of marijuana 5-45 kilograms
At the time of the charged offense, the clients were valid registered patients and caregivers with the Michigan Medical Marihuana Program, and were in possession of their cards, and identification at all times during the incident. At the time of the execution of the search warrant, officers were aware the accused were medical marihuana patients and caregivers.
In the criminal case in Garden City we had to file many motions to maintain and preserve our client’s rights.
· Motion for immunity from prosecution, Section 4 MMMA defense.
· Motion for immunity from arrest, Section 4 MMMA Defense.
· Motion in Limine to preclude the Search Warrant as defective.
· Motion to dismiss charges, Section 4 paraphernalia MMMA defense.
· Motion in Limine to preclude evidence from an unconstitutional warrantless cell phone search.
· Motion to return untainted property based on lack of a probable cause.
Simultaneously, the county seizes assets via civil asset forfeiture laws at the same time as the criminal charges. If you do not challenge the civil asset forfeiture, the county or state will just take the property. Police and prosecutors are only required to give you a piece of paper when the police take the property, called a "Notice of intent to forfeit". For our clients to get their bank accounts back and other property, we had to file motions to compel the court to uphold our client’s constitutional rights to their property.
After putting in an appearance on the forfeiture case, the prosecutor failed to notice us of any actions. When we showed up to court, the forfeiture case was dismissed due to “Failure to Serve” in 2015. Wayne County Prosecutors then refiled the forfeiture case TWO years later. We fought again with a series of motions.
· Motion to dismiss due to statute of limitations, failure to refile case “promptly”.
· Motion to quash discovery.
· Motion to dismiss, Section 4 MMMA defense to any penalty (forfeiture).
· Motion / Memo to demand a show cause hearing for reason why property was not returned.
The clients were charged by the police who thought they were committing serious crimes. The police officers thought, based on their training and experience, our clients were manufacturing marijuana. In cross-examinations of the police officers involved in the raids, we asked a few standard questions.
Mr. Komorn : Have you read the Michigan Medical Marihuana Act?
Sgt. Police officer: The whole thing?
How are the enforcers of the law supposed to carry out the law, if they don’t know the law? How are the police officers supposed to decide who is in compliance with the law and who is not in compliance with the law? There are also 2,000 pages of case law on the Michigan Medical Marihuana Act, detailing out various immunities and procedures that are not being followed by the police.
The police were overzealous and caused ridiculous violations of our client’s constitutional rights. Our clients were charged with the following crimes in Garden City, due to the police using false and incompetent search warrants.
Controlled substance--- Manufacture of Marijuana, contrary to MCL; 333.7401(2)(d)(ii), a 7 year felony
Controlled substance--- Possession with Intent to Deliver Marijuana, contrary to MCL; 333.7401(2)(d)(ii), a 7 year felony
The criminal case against our client was dismissed in Garden City after filing two motions.
· Motion to suppress evidence due to lack of probable cause.
· Motion to return untainted property.
The judge in the case read the original search warrants and said it was ridiculously deficient!