EVIDENCE SUPPRESSED!

Several months ago our office took on A.B.’s case in the Oakland County Circuit Court. Initially A.B. had retained another attorney who he grew dissatisfied with after the attorney told A.B. that he wasn’t going to be able to do anything for him.

That’s when A.B. called us.  He knew that the police had violated his constitutional rights – he just needed attorneys who would be willing to stand up and fight for him in order to prove it. And that’s exactly what we did.

The facts were dubious at best: A.B. was at home sleeping early on a winter morning when he was awoken by a knock on his front door. He went to the door, opened it slightly and saw two Michigan Department of Community Corrections Officers standing on his front porch. At that point, one of the officers told A.B. that they were looking for his brother for a parole violation. A.B. told the officers that his brother was not there, but the officer’s ignored him and pushed past A.B. into the house.  The officers never asked for permission to enter the house. Instead, they simply assumed that because A.B. had opened the door, that he had thus “invited them inside.” Subsequent to entering A.B.’s house, the officers searched the entirety of A.B.’s home and found his medical marijuana and a firearm in his bedroom.

Based upon the illegal entry and search of his home, Neil Rockind, P.C. filed a motion to suppress the evidence found in his home and held an evidentiary hearing. At that hearing, the officers maintained that they had permission to enter and search the home. Yet, on cross-examination, their testimony fell apart.

During the amazing cross-examination, performed by Neil Rockind, the officers had to admit that the official report that they filed contained no mention of A.B. giving them permission to enter the house. Instead, in their official report, the MDOC officers simply stated “we were allowed entry to the home.”

The officers never noted that they asked for consent to enter, or were given consent to enter, or asked for consent to search, or were given consent to search. This, along with several other facts (the officers didn’t read A.B. his Miranda rights before asking him questions; the officers searched A.B.’s back yard without a warrant; and the officers never had A.B. sign a consent to search form) led the court to the conclusion that it was not credible that the MDOC officers had actually received consent to enter and search A.B.’s home.

A.B. was facing several felonies: Manufacture/Distribution of Marijuana, Felon in Possession, and Felony Firearm. Further, A.B. was facing several years in prison!

However, the entire case was built upon an unconstitutional entrance into and search of our client’s home – and that is something that we at Neil Rockind, P.C. cannot stand by and allow to happen.

Now, because of the hard work of Attorneys Neil Rockind and Colin Daniels, the evidence will be suppressed and the case against A.B. will be dismissed. This is an extremely rare result – especially in Oakland County. However, it is the RIGHT result. And we are glad to be the firm that could accomplish such a fantastic and just result for our client.

Click below to read the documents from the case:

Evidentiary Hearing Transcript 06.14.11

Defendant’s Supplemental Brief 06.23.11

Prosecutions Response Brief 06.28.11

Opinion and Order 08.15.11

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