Traverse City Record-Eagle

Breaking News in 2009

December 11, 2009

1:38 pm: Evidence seizure not improper

TRAVERSE CITY — Police didn't improperly seize evidence from former 13th Circuit Court referee Dennis Mikko's office, a judge ruled.

Mikko is charged with five felony counts of possession of child sexually abusive materials based on five photos found in a briefcase under his desk at the Robert P. Griffin Hall of Justice.

Defense attorney Craig Elhart argued at a hearing Friday morning that a warrant obtained by a Grand Traverse Sheriff's Department detective didn't give the detective authority to remove the briefcase from the office for a search.

Elhart filed a motion seeking to suppress evidence found in the briefcase, but Circuit Judge Richard Pajtas said the detective acted within the scope of his warrant.

Pajtas, who serves in Charlevoix, was assigned to the case after 13th Circuit Court judges Philip E. Rodgers and Thomas G. Power recused themselves.

For more on this story, see Saturday's Record-Eagle.

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