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Caregiver/patient -Case Dismissed At Exam After Judge Rules "the Search Was Illegal"

Michael Komorn

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Michael Komorn Advanced Member

Michael Komorn

Posted
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This doesn't happen very often, but enclosed is an opinion from a recent case I was involved with. The police in this case had done an investigation that turned resulted in them believing that an illegal grow operation was taking place at this home. My client was is a patient and caregiver. With the information from the investigation, LEO got a search warrant for the residence. They surrounded the house, and when my client and another patient drove away from the residence, the officer in charge of the case, with his search warrant for the house in hand, ordered the vehicle be stopped. When the traffic officer got to the window of the car he smelled marijuana and asked the 2 occupants to exit the vehicle. At this time, my client patient and the other occupant, provided several cards verifying that they were patients, and could lawfully possess and grow marijuana. It was around this time that the officer in charge, possessing the search warrant appeared at the traffic stop. Despite learning at that time, that the occupants and suspects of an illegal grow, were in fact patients, LEO chose to execute the search warrant. I argued before this Judge that when LEO learned that the suspected illegal grow was in fact a medical marihuana grow, they should have gone back to the magistrate, and submitted a new affidavit with the accurate information. The Judge agreed, and concluded that the warrant was invalid, and any and all of the evidence seized (at the three houses they executed search warrants) had to be suppressed, and all charges dismissed. In 18 years of practicing law, I have been in front of many Judges knowing that I had the Law on my side and the Facts on my side, and that the charges against my client had to be dismissed. I have learned that despite this fact, Judges do not like to find constitutional violations of police officers. I know this is not part of what Judges are supposed to contemplate when ruling on legal issues, but this unfortunately is the reality. It simply is not a good political decision. Put another way, it takes a lot of guts to do the right thing, in todays day and age. From the very beginning of this case, the Honorable Judge Hackel III, was on top of the issues, and more than fair in the proceeding. He uses some great language about the MMMA in his opinion, and even offers some Humor in the examples he provides. We do not know yet if the persecutor plans to appeal. For the moment it is an enjoyable read.

Feretti Komorn 2-11_20110211170603.pdf

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Retta Advanced Member

Retta

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Thanks for sharing that Mr. Komorn, it eases a lot of concerns I have. I have always had great respect for our former sheriff and now new County Commissioner Mark Hackel and I now respect and admire Judge Hackel III for his very reasonable stance on this case. Let's hope more judges are willing to support the MMMA and not the 'good ole boys' ways of doing things.

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Timmahh Advanced Member

Timmahh

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Mr Komorn. Very well done Sir. Your understanding and Use of our Laws are well noted and Needed. Thank you for your never ceasing work on these Irresponsible, Un-Warrented, and un-Justified Attacks on Michigan Citizens.

 

On this daunting path to our immediate futures, it is almost scarry to think where we would/could end up. If, as citizens, we were not without True Americans and Michiganders, such as Yourself. You and others like you, who have an obvious flair and passion for Justice, are in a large part, why we can look forward, and see a much better future for our selves, our familys, and our children.

 

Thank you again.

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big bud Advanced Member

big bud

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Posted

This doesn't happen very often, but enclosed is an opinion from a recent case I was involved with. The police in this case had done an investigation that turned resulted in them believing that an illegal grow operation was taking place at this home. My client was is a patient and caregiver. With the information from the investigation, LEO got a search warrant for the residence. They surrounded the house, and when my client and another patient drove away from the residence, the officer in charge of the case, with his search warrant for the house in hand, ordered the vehicle be stopped. When the traffic officer got to the window of the car he smelled marijuana and asked the 2 occupants to exit the vehicle. At this time, my client patient and the other occupant, provided several cards verifying that they were patients, and could lawfully possess and grow marijuana. It was around this time that the officer in charge, possessing the search warrant appeared at the traffic stop. Despite learning at that time, that the occupants and suspects of an illegal grow, were in fact patients, LEO chose to execute the search warrant. I argued before this Judge that when LEO learned that the suspected illegal grow was in fact a medical marihuana grow, they should have gone back to the magistrate, and submitted a new affidavit with the accurate information. The Judge agreed, and concluded that the warrant was invalid, and any and all of the evidence seized (at the three houses they executed search warrants) had to be suppressed, and all charges dismissed. In 18 years of practicing law, I have been in front of many Judges knowing that I had the Law on my side and the Facts on my side, and that the charges against my client had to be dismissed. I have learned that despite this fact, Judges do not like to find constitutional violations of police officers. I know this is not part of what Judges are supposed to contemplate when ruling on legal issues, but this unfortunately is the reality. It simply is not a good political decision. Put another way, it takes a lot of guts to do the right thing, in todays day and age. From the very beginning of this case, the Honorable Judge Hackel III, was on top of the issues, and more than fair in the proceeding. He uses some great language about the MMMA in his opinion, and even offers some Humor in the examples he provides. We do not know yet if the persecutor plans to appeal. For the moment it is an enjoyable read.

Hopefully this starts happening a lot more

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phaquetoo Advanced Member

phaquetoo

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Congrats! That is awsome news to read! not only does it make me think the judge new he would look bad in the eyes of the people who voted this law in, but he had to rule with you (mr.komorn) as the defendents attny, If i was a judge I think id stay away from taking mr. komorn to trial, and Id be looking for mm pt's to vote for me, he has my vote so far,,( i wish i could vote for that judge, but a judge like him will get my vote in my county)

 

Great Read and Awsome Job!

 

Peace

FTW

Jim

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phaquetoo Advanced Member

phaquetoo

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i love reading good news Thanks

 

 

I love reading good news also!

so if they can not use any evidence against them and have to drop charges, than do they get all evidence back? I hope so, I hope they didnt destroy lites and grow room, be nice if the plants were still going also,,,,no I dont want my cake and to eat it too! ok yea i do! :thumbsu:

 

Awsome read, and in a language i can actualy understand!

 

Thank you!

Peace

FTW

Jim

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mayorherb Advanced Member

+mayorherb

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Great job..And glad the judges are starting to read and follow th elaws as they are, Not as they like..Now if some one could get this Judge to speak to Clares Comissioners. Next meeting is Fed, @!st,2011..Clare Michigan..I will even personal help pay on gas or food for some oent o come and talk to these people..Some one that can explain to them what is ..The Comissioners think they NEED to add rules to our rules.They didnt want to hear getting sued. They didnt want to talk bout them getting paid to keeep having meetings..But they did want to talk and did say , they one to add restrictions to us..WE need a little help..Some one to COME to this meeting and explain how it is. THANKS IN ADVANCE....cLARE COMPASSION CLUB. http://clarecountycc.ning.com/

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