Dashcam video released this week from a traffic stop shows how a confrontation between a Texas woman and the arresting officer escalated.
Given the circumstances in the aforementioned Sandra Bland case, we wanted to find out what is allowed and not allowed during a traffic stop in Michigan.
Civil rights attorney Julia Kelly says the first thing is to have a valid license, registration, and proof of insurance in your car. “Are you required to give it to them? Yes, no questions asked. Driving in Michigan is a privilege, not a right.”
The officer will likely leave you in your car and check your ID. But, if he or she asks you to get out of the car, Kelly says, you should comply. “If he asks you a lawful command to get out, you should obey those commands to get out of vehicle.”
We also asked former Flint police officer and Grand Rapids Community College assistant professor Jermaine Reese what’s expected of an officer. The driver might be smoking a cigarette, angry that they got a ticket, or using profanity.
“They can do that. They can. The biggest thing is to remain professional. No matter what they choose to call you. I’ve been called everything but a child of God, but your responsibility is that you remain professional.”
In the end, most would agree that there is a level of respect expected from both the driver and the officer. It’s better to argue the legality of the situation in court, rather than have it escalate at the scene.
Question: Do I have to comply if ordered to leave a public area by a police officer?
Answer: If you disobey a police officer’s order to leave, you may be arrested. But is the order legal? It depends on why the officer is asking. If you are disrupting traffic, on private property without permission, or otherwise breaking the law, then the order is legal. But if the officer is requesting that you leave a public space because he or she disagrees with your message, the order is not legal.
There are a multitude of laws regulating public roadways that ensure pedestrian safety and the free flow of traffic. If you break those, police can order you to leave the roadway, but you can congregate legally on the sidewalk.
Q: Can I record video of police?
A: It is legal to openly record on-duty police officers in public spaces. Some state laws may prohibit filming anyone in a public space without their consent, but there is doubt about whether those laws are constitutional. However, an officer may arrest you if you are obstructing an investigation.
Q: Can an officer search me on the street with no warrant when I am not under arrest?
A: There are limited circumstances under which an officer can search someone without a warrant who is not under arrest. They are:
Voluntary consent. If an officer asks you for permission to search you or your possessions and you voluntarily say yes, the officer has the right to do so.
Reasonable suspicion. If police have reasonable suspicion that you are engaged in criminal activity, they may stop you briefly. If they have reasonable suspicion that you may be carrying a weapon, they may pat you down for weapons. However, they may not conduct a full search unless they have probable cause to arrest you.
There are other exceptions for when police can search a home or a car and its passengers.
Q: How can a curfew trump my right to assemble and protest?
A: The government has the right to impose curfews in certain emergency situations to protect the lives, safety and property of citizens. However, it is unconstitutional if the curfew is imposed only to prevent a peaceable assembly.
Q: If I’m walking in public and an officer asks to speak to me, do I have to stop?
A: This is considered a voluntary encounter. The officer has the same right to request that you speak to him as any other person would, but you do not have to answer, nor do you have to stop. Ask the officer if you are free to go. If police have reasonable suspicion to believe you are engaged in a crime, they may detain you briefly to investigate.
Sources: Paul D. Butler, professor at Georgetown Law; Daniel J. Haus, attorney; Roger Goldman, professor emeritus at Saint Louis University School of Law; Orin S. Kerr, professor at the George Washington University Law School; Kenneth White, attorney
State officials on Monday acknowledged they’d omitted hundreds of pages of medical studies from packets supplied to a state review panel slated to consider medical marijuana for treating autism according to the Detroit Free Press.
The panel will reconvene July 31 to reconsider autism, officials said.
“I became aware several weeks ago that we hadn’t received a huge number of documents, maybe six or eight hundred pages,” said David Brogren, 61, a retired insurance agent who treats his multiple sclerosis with medical marijuana.
Brogren notifed state officials of the omission two weeks ago and was assured that the materials would be added to panel members voting packets, he said. Yet, at Monday’s hearing in a state office building in Lansing, “I brought in this thick pile of documents that they still hadn’t given to us” — he got them from the petitioner’s lawyer — “and I tossed it on the table,” said Brogren, who moved recently from Bloomfield Hills to Mason, near Lansing.
Staffers of LARA — the Michigan Department of Licensing and Regulatory Affairs — called for a 15-minute recess, met with lawyers from the Michigan Attorney General’s Office, then offered to provide the missing studies if the panel postponed its hearing to July 31 at 1 p.m., panel member Robert Noiva of Rochester said.
Panel members voted 5-0 to postpone as “the only fair thing to do,” said Noiva, associate dean for medical education at Oakland University’s William Beaumont School of Medicine in Auburn Hills.
“Licensing and Regulatory Affairs provided the information we were supposed to provide and David Brogren wanted the department to provide the reference materials cited” in the petition, said LARA spokesman Michael Loepp. The Michigan Attorney General’s Office referred questions to LARA.
4/20/15
Most adults agree with legalizing medicinal marijuana, but they’re a lot more uneasy when it comes to its use for sick kids.
And most by far — 4 in 5 adults — say kids shouldn’t see adults using it.
That’s according to the latest University of Michigan C.S. Mott Children’s Hospital National Poll on Children’s Health, which routinely asks what’s on the minds of the nation’s moms and dads — from how they’re using social media to what they think of new laws and policies.
It’s not surprising that adults are hesitant when it comes to medical therapies that many believe are still unproven, said Dr. Matt Davis, director of the National Poll and professor of pediatrics and internal medicine at U-M Medical School.
“From my experience as a physician, they commonly mention the lack of testing for testing as a reason for their concern,” said Davis, who as a pediatrician at U-M is not allowed to prescribe marijuana for children.
Michigan is one of nearly two dozen states that permit medical marijuana, but it also has stricter rules when it comes to children using medical marijuana.
The Mott poll is the first to examine parents’ views about medical pot for adults compared to their view about its use for children. It drew from responses in November and December of 2,176 adults — both parents and non-parents.
Davis said responses about adult use of medical marijuana were similar to polls elsewhere, offering “reassurance” that it accurately reflects adults’ views about marijuana’s use for children too.
More specifically, the poll found:
■Nearly 2 in 3 parents say their state should allow medical marijuana for adults.
■Just more than 1 in 3 say it should be allowed for children.
■Four in 5 people say adults shouldn’t be allowed to use medical marijuana in front of children
■1 in 10 said they either have a medical marijuana card or know someone who does.
Some in the audience, including parents of autistic children, labeled the omission an intentional obstruction by the Michigan Attorney General’s Office, headed by Bill Schuette, a strong opponent of medical marijuana. Schuette’s staff lawyers initially blocked the autism petition, first filed in May 2014, in a lengthy court fight before dropping opposition in April, said Michael Komorn, a Southfield attorney who successfully argued the case in Ingham County Circuit Court.
Activists are screaming mad at the conduct of officials representing Governor Rick Snyder’s administration during a hearing today to determine if autism should be added to the list of illness that qualify a patient to use medical marijuana in Michigan. The petition, submitted in 2014, contains a summary of 75 peer-reviewed articles on autism and 800 pages of reference material. ”When the panel sat down today, what they had was pieces of the document,” said Southfield attorney Michael Komorn. Pieces apparently selected by the Attorney General’s office, according to statements made on the record by Board officials. What was missing? “The Summary, with the 75 peer-reviewed studies, and the 800 pages of clinical research on autism and cannabis,” Komorn said. Advocates sued the government in Ingham County Circuit Court to force the Department of Licensing and Regulatory Affairs (LARA) to consider a petition for that purpose submitted in 2014 by Lisa Smith, whose son Noah has autism and other illnesses. Petitions are debated by the Medial Marihuana Review Panel (the Board) under rules established in 2008 by the Michigan Medical Marihuana Act (MMMA). A previous petition to add autism to the MMMA was rejected at a Board hearing back in 2013. “We litigated for a year,” to get the Smith petition accepted, Komorn said. The State was represented by the Office of the Attorney General, Bill Schuette. The language of the MMMA requires that each petition properly submitted must be considered by the Board. Schuette’s and LARA’s response was the opposite: we already ruled on that illness and no subsequent petition will be considered. “The Court decided theirs was a wrong interpretation. We won; they had to give us a new hearing on the petition submitted.” A hearing on the Smith petition was held in May of this year. On July 1 a whole new Board was created, per rule changes made in January 2015 by LARA over the objections of citizens and Senators. Some of the members of the new panel had not heard the testimony on the Smith petition taken by the Board weeks earlier. “When the Board assembled today we were expecting a vote yea or nay on the petition,” Komorn related. “Before we were able to begin the conversation it was brought to the attention of the Board as a whole by (Board member) David Brogren that this very comprehensive document with supporting papers was not given in its entirety to the Board, and that the Board should consider the entire package before voting.”The science was scrubbed from the document given to the Board for consideration, Komorn said.“When the Circuit Court made an order that the petition be considered, they meant the whole petition,” Komorn growled. ”(The Court) didn’t change the material submitted, it required the Board to consider the petition filed with the Court.” Of a greater concern is the reason cited for the edited version of the petition being presented. Along with a new Board comes a new leader, and the newly-appointed Board made selecting a new Chair their first priority. When the confusion regarding the petitions was exposed, her reaction was not one that inspired confidence among the hearing’s attendees. “The statement she made on the record was very distressing, that this information was given to the board by the Attorney General, not the Court,” Komorn said. “The Attorney General’s role was referenced by (the Chair), who said, in response to Brogren, this is what was sent to us by the Court via the Attorney General.” “The representative kept referring to the fact that this document is what the Attorney General’s office gave us,” said Jamie Lowell of Ypsilanti’s 3rd Coast Medical Marijuana Dispensary, who attended the hearing. Brogren mentioned on the record that he had given the Board the petition in its entirety two weeks ago. Even after the issue was exposed, Komorn said the Chair seemed more concerned with spin control than she was with establishing proper process.Komorn explained that “she kept insisting that the Board had all the information they needed to make a decision on autism and medical marijuana,” he said, “without seeing any of the science behind it.” Brogren’s objections to considering the issue without all the facts swayed the result and stayed the Board from voting. They will reconvene at a later date to make a final determination on the Smith petition, after receiving the entire document. In addition to being a criminal defense attorney, Komorn is the host of an Internet-base radio program broadcasting weekly for more than four years. The Planet Green Trees Radio Show (PGT) has followed the progress of the autism petition from the start, prior to 2012’s initial rejection. Shows #255 and #257 covered the topic with interviews and behind-the-scenes looks at the tribulations experienced by those advocates who sought a positive result at the July 20 hearing. One of those interviewed by the PGT staff: Dr. Harry Chugani, chief of pediatric neurology at Children’s Hospital of Michigan in Detroit “There was a major flaw in the process of how information was being given to the Board members,” Komorn stated. He challenged the notion that the Attorney General, a noted medical marijuana detractor and a major opponent of the MMMA in 2008, should be filtering information approved by the Court for use by a state agency. “Mind you, the AG had to be sued to bring this information to the Board in the first place,” Komorn emphasized. “Why is it OK for the Director of this Board to rely on them for the information used to make the determination of autism’s validity for inclusion on the medical marijuana program?” As a barometer of governmental efficiency, Komorn gave the Board’s actions today two thumbs down. “This Board is not operating in a way that anyone in the public would appreciate… this behavior should do nothing but bring concern from citizens… I don’t think that anyone that walked out of that room has one bit of confidence in the integrity of the process.” “I’d like to believe in the possibility of a fair hearing, but after experiencing the Attorney General in action over the years I can’t help but believe today’s behavior, creating unnecessary confusion and restriction, is intentionally designed to lead to a negative outcome,” Lowell observed. “I really hope I am wrong.”
Source: The Compassion Chronicles by Rick Thompson at 6:15 AM on July 21, 2015
A blog article from the Metro Times by Larry Gabriel features a quote by Attorney Michael Kormorn.
Some excerpts from the article…
Last week the Detroit Medz shop on Detroit’s west side was raided for “selling marijuana outside the provisions of the state medical marijuana act,” says Sgt. Cassandra Lewis of the Detroit police media relations department. News reports said police found two guns, 4,100 grams (about 9 pounds) of marijuana, and arrested one person — although Lewis says two individuals were arrested that evening.
Lewis says that there were complaints from the community and that police previously had made undercover buys there, although it’s not clear if those undercover buys were made by people with state cards (or fake ones as has been done in the past) or by folks who just walked in with nothing to show.
So far no charges have been announced.
Tate has had Winfred Blackmon and his Metropolitan Detroit Community Action Coalition (MDCAC) riding his ass for several months regarding dispensaries in the city. I went to a couple of meetings early on and have been receiving Blackmon’s email alerts since then. Early on, it was obvious that MDCAC members didn’t want to see marijuana, medical or otherwise, in their neighborhoods. They have an old-school attitude. Early on, their complaints included the fact that most dispensary locations painted their storefronts green — as if that matters.
MDCAC has been pushing Tate, who represents District 1, to do something about what they call “illegal marijuana provision centers.” They’ve been riding city attorney Butch Hollowell too.
Truthfully, the city has been slow to address the issue. I’ve noticed a distinct tendency to avoid talking about marijuana by city officials while places such as Ann Arbor, Ypsilanti, Lincoln Park, and elsewhere have set up rules regarding dispensaries. Now those cities have not been going through their mayor being indicted and convicted, switching from an at-large to a district city council system, having an emergency manager, and a bankruptcy. However, it would be good from a number of viewpoints to set the rules about dispensaries.
That said, the MDCAC model is not a liberal one. Although over time, as they have come to accept that medical marijuana is not going away, they have lightened up some. Originally, they wanted only one dispensary per council district, which would mean only seven in the entire city. Their current proposal seeks to limit the number of dispensaries and limit their locations to industrial zones, mandates that they cannot be near a church, school, daycare or nursery, and proposes a number of inspections and permits before they can open.
This may be a case of the squeaky wheel getting the oil.
“They chose this very uncivilized manner to try to make an example of this one particular facility,” says Southfield-based attorney Michael Komorn, who heads the Michigan Medical Marijuana Association. “There is no rule prohibiting [a location near a school], no rule. … Maybe that’s something they should think about doing — regulate this in a way that satisfies the community.”
Maybe the Detroit Medz folks were selling to people who aren’t registered patients, but the rest of this seems to be pure political theater.
Larry Gabriel writes the Stir It Up and Higher Ground columns for the Detroit Metro Times.
The Detroit police raided and made arrests at marijuana dispensary in an article in the Detroit Free Press from July 14, 2015.
Detroit police arrested two people and confiscated two firearms and drugs during a raid on a marijuana dispensary Tuesday afternoon.
Police seized 4,100 grams of marijuana (about 9 pounds), and removed 12 edible marijuana foods from the shelves at Detroit Medz, said Sgt. Cassandra Lewis of Detroit police Media Relations.
According to state law, only Michiganders who possess state registry cards can legally use medical marijuana, but at the shop “they were just selling to anybody who walked in,” she said.
Detroit does not have an ordinance regulating dispensaries. Detroit police favor having dispensaries be regulated, “so that it’s safe not just for the customers but also for the community,” Lewis added.
A local ordinance, spelling out what Detroit authorities expect of the city’s dispensaries, would protect legitimate operators and weed out any that are undesirable, added Southfield attorney Michael Komorn, president of the Michigan Medical Marijuana Association.
But without such regulation in place, Tuesday’s raid was ill-advised because Detroit police should focus on violent crime – not dispensaries, Komorn said.
“I can’t speak to this specific location, but there’s a lot of dispensaries operating in Detroit and it’s unfortunate that Detroit’s leaders and citizens seem to be at odds about whether they should be there. Some people still see medical marijuana as just dope,” he said.
“These places are not causing lawlessness and they’re not hurting property values in the city,” Komorn said.
Some law enforcement agencies claim all dispensaries are illegal until the state Legislature passes a law allowing them. State Attorney General Bill Schuette agrees with that assessment.
The city of Detroit is overdue for regulating its fast-spreading dispensaries, said Winfred Blackmon, a community leader in northwest Detroit who is outspoken about medical-marijuana commerce.
