People v Williams Michigan COA – Police CPL Check

People v Williams Michigan COA – Police CPL Check

Apr 29, 2024 | Blog, USA news, Your Rights

People v Williams
Michigan Court of Appeals
No 365299 (04/18/24)

MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to produce their concealed pistol license (CPL) at any time and for any reason.

Makes possession of a concealed weapon a presumptive crime

Further, MCL 750.227 makes possession of a concealed weapon a presumptive crime, which can be rebutted by the suspect producing their CPL. Thus, a police officer has reasonable suspicion to  approach a person and ask for proof of a CPL after observing a bulge in the person’s clothing indicative of a hidden firearm.

The trial court’s order granting defendant’s motion to suppress is reversed.

About it

Michigan Court of Appeals Case No. 365299, People v Williams, centers on a warrantless search and subsequent arrest. The details of the case are not explicitly mentioned in the available information, but the legal reasoning behind the decision is referenced.

The case cites MCL 750.227, which prohibits carrying a concealed pistol without a license. It also references previous cases (Henderson and Williams) that established the legality of a warrantless search under the “automobile exception” when there’s reasonable suspicion of a crime.

The relevant part of People v Williams seems to focus on justifying a traffic stop. The court apparently determined that an informant’s tip about a driver possessing a handgun amounted to reasonable suspicion, warranting the stop. This aligns with the established principle that police can conduct stops based on reasonable suspicion, even if it’s a lesser standard compared to the probable cause needed for arrests or searches.

While the case itself isn’t elaborated on, it highlights the legal basis for traffic stops based on reasonable suspicion, particularly when the suspicion involves potential gun possession.

Better have a real good attorney

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Apr 27, 2024 | Blog, USA news, Your Rights

A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside Food Solutions plant in Kentwood, alleging the presence of numerous underage workers.

Michigan’s Department of Labor and Economic Opportunity (LEO) and the U.S. Department of Labor launched investigations into the facility.

Additionally, Michigan’s Occupational Safety and Health Administration (MIOSHA) levied over $50,000 in fines against the plant for inadequate safety training and dangerous machinery.

Hearthside initially denied the allegations but has since paid some fines and is appealing others.

Federal and State Collaboration

The U.S. Department of Labor has increased oversight through an interagency task force focused on combating child labor. This initiative allows collaboration with other federal agencies, like the Department of Education, which offers training on child labor identification to school staff.

Strengthening Enforcement

State legislators are proposing bills to improve child labor enforcement and worker protection. One bill increases fines for violating child labor laws, aligning them with federal penalties. It also allows child workers to sue for damages and protects whistleblowers from retaliation.

Another bill proposes a complete overhaul of the work permit system in Michigan. Currently, teens obtain permits through schools. This bill would shift the responsibility to the LEO, creating a centralized database of legal teen workers and their employers. This system would enhance the LEO’s ability to identify potential child labor violations.

Immigrant Advocacy and Underlying Issues

Many underage workers in the exposed case were immigrants. Immigrant advocacy groups support the proposed bills, emphasizing provisions for compensating victims and protecting whistleblowers.

These measures could alleviate stress on immigrant families forced into child labor due to economic hardship.

However, these groups express concern that solely focusing on enforcement might drive children into even more dangerous and unregulated working environments.

As always addressing the (root causes) of child labor, such as poverty and lack of opportunity, is crucial for lasting solutions.

Better have a real good attorney

Understanding Domestic Violence Laws in Michigan

Understanding Domestic Violence Laws in Michigan

Apr 26, 2024 | Blog, USA news

Understanding Domestic Violence Laws in Michigan

Domestic violence is a serious issue that can affect anyone, regardless of age, income, or background. If you are experiencing domestic violence in Michigan, it’s important to know your rights and the laws that protect you. This article will explain the key points of domestic violence laws in Michigan.

What is Domestic Violence?

Michigan law defines domestic violence as a pattern of behavior used to control an intimate partner. This can include:

  • Physical abuse: Hitting, kicking, shoving, grabbing, choking, or any other physical force used to harm.
  • Sexual abuse: Forced sexual contact, threats of sexual violence, or any sexual activity that is not consensual.
  • Emotional abuse: Yelling, threats, insults, name-calling, stalking, or any behavior that causes fear or emotional distress.
  • Financial abuse: Controlling finances, preventing access to money, or sabotaging your ability to work.

Who is Protected by Domestic Violence Laws?

Michigan’s domestic violence laws protect a variety of relationships, not just spouses. You can seek protection under these laws if you have been in an intimate relationship with the abuser, even if you never lived together or were not married. This includes:

  • Spouses or former spouses
  • Dating partners or former dating partners
  • People who have a child together, even if they were never romantically involved

What are the Different Types of Domestic Violence Charges?

The severity of the domestic violence crime will determine the charges filed. Here’s a breakdown of some common charges:

  • Domestic Assault: This is the most common charge for domestic violence. It can include causing physical harm, fear of harm, or offensive physical contact. A first offense is typically a misdemeanor punishable by up to 93 days in jail and a fine of $500.
  • Aggravated Domestic Assault: This is a more serious charge that applies when the abuser causes serious injuries (requiring medical attention) or uses a weapon. A first offense can be either a misdemeanor or a felony, depending on the severity of the abuse. Penalties can range from one year in jail and a $1,000 fine to five years in prison and a $5,000 fine.
  • Stalking: Repeatedly following, harassing, or threatening someone can be considered stalking. This is a criminal offense, and penalties can vary depending on the circumstances.

Protection Orders

A personal protection order (PPO) is a court order that prohibits the abuser from contacting you or coming near you. It can also order the abuser to leave your home and give you temporary custody of your children.

There are two main types of PPOs in Michigan:

  • Emergency PPO: A law enforcement officer can issue this temporary order if they believe you are in immediate danger. It lasts for up to 72 hours.
  • Regular PPO: You can petition the court for a longer-term PPO. A hearing will be held where you will have the opportunity to present evidence of the abuse. The judge will then decide whether to grant the PPO and for how long.

How to Get Help

If you are experiencing domestic violence, there are resources available to help you. Here are some steps you can take:

  • Call 911: If you are in immediate danger, call 911.
  • Go to a safe place: If you can safely leave your home, do so and go to a friend’s house, family member’s house, or a domestic violence shelter.
  • Contact a domestic violence hotline: There are 24/7 hotlines available that can provide support and information about your options.
  • Talk to an attorney: An attorney can advise you of your legal rights and help you obtain a personal protection order.
Macomb Prosecutor issues first charges under new safe storage law

Macomb Prosecutor issues first charges under new safe storage law

Apr 25, 2024 | Blog, USA news

Understanding Domestic Violence Laws in Michigan

Macomb County Prosecutor Peter Lucido has filed the first charges under Michigan’s new safe storage law following a critical accident in Warren. An 8-year-old boy allegedly accessed an unsecured firearm and shot himself in the face. The boy’s father, Theo Nichols, now faces a combination of charges, including child abuse, illegal gun possession, and violating the safe storage law.

This incident marks a turning point for gun safety enforcement in Macomb County. The recently enacted safe storage law mandates that firearms be secured with a trigger lock or kept in a locked container. This aims to prevent accidental shootings, particularly those involving children.

“In the wake of this tragic incident, we are reminded of the profound responsibility that comes with gun ownership,” Lucido said in a statement.

Reports indicate the gun used was a handgun stored on top of a kitchen cabinet. The boy reportedly used a chair to climb and access the weapon. Nichols, according to authorities, was also a convicted felon, prohibited from possessing a firearm.

The child’s condition remains critical, highlighting the potential consequences of unsecured firearms.

This case serves as a stark reminder for gun owners in Michigan. The new safe storage law carries the potential for criminal charges in similar situations.

The incident has sparked renewed debate on gun safety. Proponents of the law argue it strengthens safeguards against accidental shootings, particularly involving children. Opponents argue the law unfairly burdens responsible gun owners and restricts their Second Amendment rights.

While the legal proceedings unfold, the focus remains on the child’s recovery. This incident underscores the importance of gun safety and responsible gun ownership. Macomb County’s first enforcement of the safe storage law comes at a heavy price, but it serves as a potential turning point for gun safety measures in the region.

FAQs About Michigan’s New Safe Gun Storage Law

1. When did the safe storage law go into effect?

Michigan’s safe storage law, Public Act 17 of 2023, took effect on February 13, 2024.

2. Who does the law apply to?

The law applies to all Michigan residents who own firearms. It’s important to secure your guns whenever a minor (under 18) is likely to be present in your home, even if they are visiting. This applies to both residents and those carrying a firearm who enter a location with minors.

3. How do I safely store my firearm?

There are two main options under the law:

  • Unloaded and secured with a locking device: This could be a trigger lock, cable lock, or other device that renders the firearm inoperable.
  • Stored in a locked container: This includes gun safes, lockboxes, or other secure containers that prevent unauthorized access.

4. What are the penalties for violating the law?

If a minor gains access to an unsecured firearm and injures themselves or others, the gun owner could face varying penalties depending on the severity of the injury:

  • No injuries: Up to 93 days in jail, a $500 fine, or both.
  • Serious injury: Felony 2 with a penalty of up to 10 years in prison and a $7,500 fine.

5. Are there resources available to help me comply with the law?

Yes! The state offered a temporary sales tax break on gun safes and safety devices purchased after February 13, 2024.

Marijuana grow busted as feds investigations trend in more states

Marijuana grow busted as feds investigations trend in more states

Apr 24, 2024 | Blog, USA news

The DEA is investigating international criminal organizations that are operating illegal marijuana grows in about 20 states, including Maine.

The significant electricity usage in a residence, its windows concealed with cardboard, and the scent of marijuana caught the attention of law enforcement, leading them to discover an illegal cultivation operation hidden away in a remote area.

The recent discovery of a home equipped with a concealed grow operation and the subsequent seizure of approximately 40 pounds of processed marijuana serves as a prime example of a troubling trend that law enforcement authorities have been highlighting for years.

This trend involves foreign nationals taking advantage of the legalization of cannabis for recreational or medical purposes in certain U.S. states, using it as an opportunity to produce marijuana for the illicit markets within the country.

The incident symbolizes the ongoing challenges faced by authorities in combatting the illegal production and distribution of marijuana across the United States.

The Drug Enforcement Administration is actively investigating international criminal organizations that are operating illegal marijuana grows in approximately 20 states, including Maine. This information was shared by Attorney Garland Merrick Garland during his testimony before the Senate Appropriations Committee last week, in response to a question raised by Republican Senator Susan Collins of Maine.

Law enforcement officials are diligently pursuing their investigations into the individuals responsible for directing the operations, as well as the destination of the profits.

A visit with a kick

A visit with a kick

Apr 23, 2024 | Blog, USA news

POW – Right in the Kisser. Businesses watch out for the law

A Pennsylvania-based convenience store chain was hit with a lawsuit by the Biden administration at the same time the president stopped by one of their locations on the campaign trail.

Sheetz is being accused of racial discrimination by the Equal Employment Opportunity Commission (EEOC). THE EEOC claims that the company’s hiring practices discriminated against minority applicants.

The lawsuit was filed the same day Biden cheerfully stopped by a Pittsburgh location on Wednesday for food.

Specifically, the EEOC contends that Sheetz’s criminal background checks were discriminatory due to their method of excluding applicants suspected of failing the checks.

The EEOC claims that this disproportionately impacted Native American, Black and multiracial jobseekers.

https://www.eeoc.gov/newsroom/eeoc-sues-sheetz-inc-racially-discriminatory-hiring-practice

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