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Department of Attorney General Prepares for MLEAC Accreditation

Dec 15, 2023 | Blog, Know Your Rights, Michigan Laws

LANSING – The Michigan Department of Attorney General (DAG) recently welcomed a team of assessors from the Michigan Law Enforcement Accreditation Commission (MLEAC).

The assessors came to examine all aspects of the Department’s compliance with the MLEAC standards in preparation for granting the Department MLEAC accreditation, Attorney General Dana Nessel announced.

The assessors examined the DAG Criminal Investigations Division’s policies and procedures, management, operations, and support services to verify the Department’s successful implementation of the 108 applicable law enforcement standards set by the MLEAC.

“The thorough assessment of our law enforcement policies and practices provides the Department with valuable insight that will help us achieve our goal of accreditation,” Nessel said.

“Every law enforcement agency should experience this kind of rigorous self-examination and third-party review. Accreditation will help us ensure we are providing the People of Michigan with the highest quality of law enforcement services.”

Of Michigan’s 577 law enforcement agencies, only 65 currently have full MLEAC accreditation. Michigan has 132 law enforcement agencies actively pursuing MLEAC accreditation.

The participating law enforcement entities encompass local, county, and state agencies, as well as tribal, college, and university agencies of varying sizes, with personnel ranging from three to over 300 full-time sworn officers.

DAG is the first state agency in Michigan to participate in this significant accreditation initiative. The Department’s participation represents a milestone and a significant step forward in its commitment to maintaining the highest standards of professionalism, ethics, and operational excellence.

The path to achieving that operational excellence began in March of 2022 when DAG joined the Michigan Law Enforcement Accreditation Program (MLEAP) and began its self-analysis period. During that time, DAG successfully developed and implemented more than 54 written directives, policies, and procedures to guide law enforcement actions based on MLEAC accreditation standards.

In addition, the Department successfully established more than 19 training programs and certifications that incorporate best practices within law enforcement.

“The mission of the Criminal Investigations Division involves protecting and defending the Constitutions of the United States and Michigan, enforcing laws, assisting local law enforcement, providing justice to crime victims, and providing for the safety and security of the People of Michigan,” said Division Chief Aubrey Sargent. “Earning accreditation status would underscore our dedication to excellence and showcase our unwavering focus on delivering top-tier services to our state’s residents whom we proudly serve.”

As a proactive and ongoing “health check” of an organization’s defined processes and their execution, MLEAC accreditation has a wealth of benefits for law enforcement agencies big and small. Accreditation supports a culture of continuous improvement in the way it allows a law enforcement agency to voluntarily commit to reviewing best practices and how they are applied. The accreditation process can identify areas of professional excellence and areas where organizational growth is needed.

Accreditation helps law enforcement agencies:

create and uphold standards that are in line with modern, professional law enforcement procedures;
boost the efficacy and efficiency of the services that they provide; and
set guidelines that address and reduce liability for the agency and its members.
By clearly defining organizational expectations, accreditation supports strong service delivery and creates sustainability during transitions. It also increases trust and transparency with those on an agency’s team as well as within the communities the agency serves.

MLEAC accreditation offers a well-defined framework that aids agencies in avoiding inconsistent standards and potential training gaps, mitigating challenges that may plague unaccredited agencies. Interested law enforcement agencies can learn more about the program and how to apply online.

DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

Oklahoma’s wild marijuana market is about to shrivel

Dec 14, 2023 | Blog, USA news

The world’s weed market, once booming with nearly 14,000 licensed medical marijuana businesses at its peak, has experienced a steady decline since Oklahoma voters overwhelmingly rejected a recreational legalization referendum in March.

Heightened enforcement by state regulators and law enforcement has forced numerous businesses to close their doors. Additionally, others have come to the realization that Oklahoma’s cannabis production is extraordinarily high—64 times more than necessary to meet the demands of the state’s medical patients, as highlighted by a recent study. Consequently, attempting to generate any profit from this oversaturated market has become an insurmountable challenge.

With the potential customer base gradually declining, the number of individuals enrolled in the medical program has decreased to nearly 350,000, from a previous high of over 385,000.

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Oklahoma serves as a cautionary tale for the nation’s marijuana legalization experiment, showcasing the amplified challenges faced by fledgling markets within its staunchly conservative climate.

The unlikely boom market has been sullied by dozens of raids on illegal cultivation sites, rampant diversion of products into the illicit market, allegations of human trafficking and grisly crimes, including a quadruple murder of Chinese nationals at a weed farm last November.

Struggling business owners express their relief that the crackdowns they have long awaited have finally arrived. They have grown increasingly frustrated in their efforts to compete with operators who ignore regulations and were hopeful that the market would experience significant growth following recreational legalization, especially with Texans venturing across the border.

But with the defeat of the ballot measure — every single county in the state voted against it — they’re now hoping that enough firms will fail that it will be more feasible to run a financially successful business.

Read more at Politico

Government Reports

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400K settlement after being arrested for a DUI, even though he passed breath and blood tests

Dec 13, 2023 | Blog, DUI, News

A Colorado man is poised to receive a $400,000 settlement from city authorities after being wrongfully arrested for a DUI, even though he had passed both a breath and blood test.

According to the complaint, Elias was driving southbound on College Avenue in Fort Collins around 10:30 p.m. on Jan. 4, 2020. He was heading home after leaving his girlfriend’s house following a dinner party. Upon passing the intersection of Swallow Road and College Avenue, he slowed down to ensure he hadn’t missed his intended turn to the east.

After realizing he had not missed his turn, he accelerated again but observed a car following closely in an aggressive manner.

According to the complaint, Elias then signaled a lane change to the left lane, aiming to clear the driver’s path. It is mentioned that he executed the lane change normally, lawfully, and without encountering any issues.

Gates, who was driving the car, was working that night as a member of the then-recently formed Reduce All Impaired Driving inter-police agency task force looking for drunk or impaired drivers.

The complaint claims that Gates had been roving the streets of Larimer County that night “with the sole task of looking for and charging citizens with DUIs.”

“Gates does so because this is one of the most difficult allegations to disprove, given that Loveland PD does not employ dash cams (only bodycams) and so never capture the arrested individual’s actual driving,” the complaint reads.

Gates allegedly then began to question Elias on whether he had been drinking that night.

According to the complaint Elias was taken aback by this but remained steadfast that he had not committed a violation.

Gates then allegedly said he could smell an “overwhelming odor of alcohol” coming from the vehicle — the complaint disputes this claim.

Following continued questions, Elias invoked his right to remain silent and said he was not going to answer Gates’ questions.

The complaint claims that Gates did not have probable cause to continue to detain Elias at this point.

“But Officer Gates worked at the Loveland Police Department,” the complaint reads. “And LPD had a custom for the treatment of any person who refused to submit to their authority and questioning: They would be arrested.”

Elias declined to participate in a roadside test and made it clear that he would not provide any answers to Gates’ inquiries, as stated in the complaint.

He was subsequently taken to the nearby police station on suspicion of driving under the influence, according to the information provided. It is important to note that no drugs or alcohol were discovered in Elias’ vehicle, as stated in the lawsuit.

Elias’s breath test at the station yielded a 0% blood alcohol content reading, as stated in the lawsuit.

“I’m not going to play this game,” Gates told Elias, per bodycam footage posted by Elias’ attorney.

“I’m not playing a game, this is my freedom you’re talking about,” Elias responded.

Police then instructed Elias to undergo a blood test, which, according to the lawsuit, yielded negative results for all substances tested in March 2020.

Elias underwent an investigation of his pilot’s license by the Federal Aviation Administration due to the DUI arrest, as stated in the complaint.

Allegations have been made regarding Loveland Police Department officers engaging in a competitive environment amongst themselves and with other police departments, focusing on the number of DUI arrests made.

Elias’ attorney Sarah Schielke cited social media posts from a Facebook page, Mothers Against Drunk Driving, which promoted a timed competition for the most DUI arrests between departments.

Schielke has shared screenshots of an independent assessment conducted by Jensen Hughes, a private consultancy firm, in 2021.

According to the assessment, it was stated that officers from the Loveland Police Department prioritize DUI arrests over attending to other calls.

Elias’ attorney Sarah Schielke released a YouTube video.

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Notably, Elias claims to have experienced another unjust DUI arrest in Fort Collins, a neighboring municipality to Loveland.

A separate lawsuit he filed against Fort Collins officers in May stated that he was arrested on December 2, 2021 and subsequently spent three days in jail, once again on suspicion of a DUI offense.

He had also successfully undergone a breath test and blood test, with both yielding negative results.

Elias had a child abuse report filed against him by an officer because his 15-year-old son was in his car, and he was prohibited by a judge from driving anyone under 18 for that time period, according to the lawsuit.

When Elias’ test results returned negative weeks later, the lawsuit stated that the case was dismissed.

It also alleges that the Fort Collins Police Department fosters a culture of vying for DUI arrests.

It’s remarkable that it happened to me twice,” Elias shared with CBS News. “I find it surprising that more individuals didn’t experience it twice. Their sole concern seemed to be adding another tally to their list, and I just happened to pass by on two occasions.

Read More Here: The Reporter Herald

Here are some YouTube videos regarding the case

He’s Not Alone !!

Then there is the other side of it all

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Evaluation of Field Sobriety Tests for Identifying Drivers Under the Influence of Cannabis

Dec 5, 2023 | Blog, Cannabis Science, Driving While High, Drugged Driving, Science

This randomized clinical trial investigates the accuracy of field sobriety tests administered by law enforcement officers to assess functional impairment and driving performance among individuals who have smoked cannabis.

Question

How accurate are field sobriety tests (FSTs) in identifying acute Δ⁹-tetrahydrocannabinol (THC) impairment?

Findings

In this randomized clinical trial of 184 cannabis users randomized to THC or placebo, law enforcement officers classified 81.0% and 49.2%, respectively, as FST impaired, and officers suspected that 99.2% of FST-impaired participants received THC. Driving simulator performance was associated with select FSTs.

Meaning

In this study, FSTs differentiated between THC- and placebo-exposed participants; however, the substantial overlap of FST impairment between groups and the high frequency at which FST impairment was suspected to be due to THC suggest that absent other indicators, FSTs alone may be insufficient to identify THC-specific driving impairment.

If you are interested in learning more detail about this evaluation go here to the National Center for Biotechnology Information.

Meanwhile… until they figure it out, if you get a DUI for being under the influence of cannabis, although legal, you will need an experienced attorney to fight for you in the court system. If you want to fight call our office. If you don’t, well then settle for what they dish out and accept that you can’t go back and change the outcome.

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When Being Questioned by the Police: Can They Lie to You?

Dec 5, 2023 | Blog, Know Your Rights, Michigan Laws

When Being Questioned by the Police: Can They Lie to You?

Introduction

In the United States, police officers are generally allowed to lie to suspects during interrogations. This is a controversial practice, but it has been upheld by the Supreme Court. There are some exceptions to this rule, however, and it is important to know your rights if you are ever questioned by the police.

Can the police lie to you in Michigan?

In Michigan, police officers are allowed to lie to you during an interrogation, as long as their lies are not intended to coerce or trick you into making a false confession. This means that they can tell you things that are not true, such as that they have evidence against you or that they know someone who will testify against you. They can also make promises to you, such as that they will let you go if you confess.

Exceptions to the rule

There are a few exceptions to the rule that police officers can lie to you. For example, they cannot lie to you about your Miranda rights. Miranda rights are the warnings that police officers are required to give you before they question you. These warnings tell you that you have the right to remain silent, that you have the right to an attorney, and that anything you say can be used against you in court.

Police officers also cannot lie to you about the consequences of making a confession. For example, they cannot tell you that you will be released from jail if you confess, if this is not true.

What to do if you are questioned by the police

If you are questioned by the police, it is important to know your rights. You should remain silent and do not answer any questions until you have spoken to an attorney. You can also ask to leave the interrogation room at any time.

If you feel that the police are lying to you, you should tell them that you are not comfortable with their questioning and that you would like to speak to your attorney Michael Komorn.

Laws in Michigan

Here are some Michigan laws that relate to the questioning of suspects:

Michigan Penal Code § 750.479c: This law prohibits lying to a peace officer during a criminal investigation.
Michigan Rules of Criminal Procedure 3.2: This rule requires police officers to inform suspects of their Miranda rights before questioning them.

Know your rights

It is important to know your rights if you are ever questioned by the police. Police officers are allowed to lie to you in Michigan, but there are some exceptions to this rule. If you feel that the police are lying to you, you should tell them that you are not comfortable with their questioning and that you would like to speak to an attorney.

Are You Ever Allowed To Lie To The Police?

Of course not. You shouldn’t be talking to the police in the first place but if you’re talking, you’re doing something you shouldn’t be doing. As far as whether you can lie to the police, you can always be charged with obstruction. That’s why you’re always best to just not say anything at all.

Michigan law 750.479c – A person informed of criminal investigation by peace officer; prohibited conduct; violation; penalty; exception; definitions.

Police have some code of ethics like a lawyer or a judge. But it doesn’t say that they can’t trick you into confessing. They are trained to do that, and they will do it.

Be aware of phrasing when being questioned:

“Have you had anything to drink tonight?”
Best response is: NO

Where are you coming from?
It is best to have this answer pre-prepared so as to not raise suspicion. You can also answer the Officer’s questions by stating “Respectfully officer, I don’t have to answer that.”

“Not answering is suspicious, why are you not answering my question, clearly you are doing something wrong?”
Best Answer: “Officer, respectfully I am aware of my rights, and constitutional protections, and I know I have no legal obligation to answer your questions.

“Not answering is resisting me in this investigation”
Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.”

“If you have nothing to hide, you don’t mind if I look around.”
Best response: “I’m sorry Officer, but I don’t consent to searches.”

“If you refuse a search, I’ll have to call a K-9 unit.”
Best response: “Officer, are you detaining me, or am I free to go?” Officers cannot detain you past the purpose of the traffic stop and detaining you beyond this purpose is constitutionally illegal. Specifically officers cannot detain you beyond the traffic stop for the purpose of calling for a k-9 unit or drug sniffing dog.

Remember

Refusing to answer questions is not an admission of guilt.
Asserting your right to remain silent is not an admission of guilt.
Demanding to have your lawyer present during any questioning is not an admission of guilt.
Refusing a search is not an admission of guilt.

Department of Attorney General Prepares for MLEAC Accreditation