Restoring Second Amendment Rights in Michigan

Restoring Second Amendment Rights in Michigan

Restoring Your Gun Rights

As of 4/17/24…There is still a second amendment

The Second Amendment of the United States Constitution grants citizens the right to bear arms, a fundamental aspect of American freedoms.

However, in some cases, just like every other right being slowly chipped away you may lose those rights which I guess would not be rights but “granted rights” by the grace of those in power. Certainly some people don’t deserve the right.

For residents of Michigan seeking to restore their firearms privileges, understanding the process and requirements is essential.

In this article, we’ll delve into the steps one can take to regain their Second Amendment rights in Michigan.

Understanding Michigan Law

Michigan’s laws regarding firearm ownership and possession are outlined in the Michigan Compiled Laws (MCL). Specifically, MCL 28.422 details the criteria for obtaining a Concealed Pistol License (CPL) and outlines the procedures for individuals seeking to restore their firearms rights.

You may want to come back and take a look at the law in more detail as this article does not dive too deep.  Your specific situation may not be mentioned here but in the laws.

Causes of Denial

Before delving into the restoration process, it’s crucial to comprehend the common reasons for the denial of firearms rights. Individuals may face denial due to:

 

  • Criminal Convictions: Felony convictions often result in the loss of firearms rights. This includes offenses such as assault, domestic violence, drug-related crimes, and certain types of theft.
  • Mental Health: Adjudications: Individuals who have been involuntarily committed to a mental health facility or have been deemed legally incapacitated may face restrictions on firearms ownership.
  • Domestic Violence Convictions: Convictions related to domestic violence can lead to the loss of Second Amendment rights, particularly if the offense involves the use or attempted use of physical force.
Komorn Law Established 1993

Steps to Restore Second Amendment Rights

1. Expungement of Convictions

For individuals with criminal convictions, pursuing expungement may be the first step towards restoring their firearms rights. Michigan’s recent expungement laws allow for the sealing of certain criminal records, enabling individuals to regain their firearms privileges under specific circumstances. Refer to MCL 780.621 for more information on the expungement process.

2. Petition for Restoration

Those who have lost their firearms rights due to criminal convictions or mental health adjudications can petition the court for restoration. This involves filing a petition with the circuit court in the county of residence. The court will review the individual’s case, considering factors such as rehabilitation, conduct since the conviction, and any mitigating circumstances. Consult MCL 28.425 for detailed information on the restoration process.

3. Compliance with Federal Requirements

In addition to state laws, individuals seeking to restore their firearms rights must also comply with federal regulations. This may include completing background checks and adhering to any federal restrictions on firearms ownership.

Seeking Legal Counsel

Navigating the process of restoring Second Amendment rights can be complex, especially considering the legal intricacies involved. As such, seeking guidance from a qualified attorney specializing in firearms law is highly recommended.

An attorney can provide invaluable assistance, ensuring that individuals understand their rights and obligations under both state and federal law.

Real Questions from Real Calls

Question: The application from the ATF Form 4473 asks if I use any illegal drugs. I have my medical marijuana card and it’s legal in Michigan right? So can I get a gun?

Answer: Unless you are the president’s son if you answered “No” on the form where it asks if you use illegal drugs you would be lying and your gun rights probably taken away and possibl;y charged with a crime.

Marihuana is still illegal federally and still in the public health code and listed as a controlled substance 1 in Michigan.

As it states on the ATF Form 4473 Part 1

Q: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

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Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

This information was taken from archives.gov. One should assume it is factual… but assuming information is a fact is a perilous assumption.  Here is what you paid for… 

Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution.

The 1789 Joint Resolution of Congress proposing the amendments is on display in the Rotunda in the National Archives Museum. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791.

The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.

In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Article the first... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second… No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third… Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article the fourth… A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article the fifth… No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth… The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh… No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth… In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article the ninth… In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth… Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh… The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth… The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

ATTEST,

Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.
Sam. A Otis Secretary of the Senate

Constitutional Amendments 1-10 make up what is known as The Bill of Rights. Amendments 11-27 are listed below.

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Feel like your rights have been infringed upon while encountering law enforcement or the court system? The only way to win is to fight. The only way to fight is to hire a lawyer. And the only way to hire a lawyer is to pay. That is the system. So, hire the best lawyer you can because in the long run, it saves you time and money!

AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. –]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. *Superseded by section 3 of the 20th amendment.

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*Changed by section 1 of the 26th amendment.

AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude–

Section 2.

The Congress shall have the power to enforce this article by appropriate legislation.

AMENDMENT XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

Section 1.

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

Section 1.

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XXII

Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

AMENDMENT XXIII

Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1.

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXIV

Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

AMENDMENT XXVI

Passed by Congress March 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.

Section 1.

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXVII

Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Department of Attorney General Prepares for MLEAC Accreditation

Department of Attorney General Prepares for MLEAC Accreditation

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.

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

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

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:

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.

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.

Ohio Bill Introduced to Allow Each City to Ban Marijuana

Ohio Bill Introduced to Allow Each City to Ban Marijuana

With just over a week until Ohio’s voter-approved marijuana legalization law takes effect, a lawmaker has introduced a bill that would allow individual municipalities to locally ban the use and home cultivation of cannabis in their jurisdictions.

The legislation aims to modify the distribution of state marijuana tax revenue, specifically by decreasing funding allotted to social equity and jobs programs and redirecting it towards law enforcement training.

While Issue 2, approved by voters, specifically banned localities from prohibiting marijuana use, home cultivation, or scientific research, as well as imposing extra local taxes on cannabis products, the current bill aims to eliminate these crucial provisions, which could potentially result in a fragmented set of policies statewide.

Issue 2 currently grants municipalities the option to exclude new recreational cannabis companies from establishing themselves in their area. However, municipalities are unable to prevent existing medical marijuana enterprises from incorporating adult-use operations on-site, even if they express a desire to do so.

The bill as introduced would change how the state would need to appropriate cannabis tax revenue by adding two new funds: one for substance misuse and recovery services and another for law enforcement training.

You can follow the progress of the bill here.

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Obstruction Laws in Michigan

Obstruction Laws in Michigan

Move along or you'll be arrested for Obstruction of "Justice".In Michigan, obstruction is a crime that involves interfering with law enforcement or other officials when they are trying to carry out their duties. Obstruction can cover a wide range of actions, including...

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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 debauchery. Therefore… before you believe anything on the internet regarding anything and everything – do your research on verified Official Government and State Sites, Call the State Police, Check the State Attorney General Website and Consult an Attorney – and then check it again.

Stop and Frisk – Terry v. Ohio

Stop and Frisk – Terry v. Ohio

Background

On October 31, 1963 while conducting his regular patrol in downtown Cleveland, seasoned Cleveland Police detective Martin McFadden, who brought 39 years of law enforcement experience to the job, observed three men behaving suspiciously as they paced back and forth in front of a jewelry store located on Euclid Avenue.

Concerned that the men were planning a robbery and possibly armed, McFadden identified himself as a police officer and inquired about their names. When the men merely mumbled their responses, McFadden conducted a frisk, discovering a pistol in John W. Terry’s overcoat pocket and a revolver in Richard Chilton’s coat pocket.

The unarmed third man, Katz, was noted in the incident where McFadden apprehended and charged Terry and Chilton for carrying concealed weapons. Judge Bernard Friedman of the Cuyahoga County Common Pleas Court subsequently found the defendants guilty, deeming that the suspicious behavior displayed by the men, coupled with McFadden’s genuine concern for his safety, justified the decision to conduct a frisk. This ruling was later upheld by the appeals court. In 1967, Terry brought the case before the U.S. Supreme Court.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

In June 1968, the United States Supreme Court affirmed the conviction and set a precedent that allows police officers to interrogate and frisk suspicious individuals without probable cause for an arrest, providing that the officer can articulate a reasonable basis for the stop and frisk.

Significantly, Terry does not provide blanket authority to intrude on an individual’s right to be left alone, nor does it allow such intrusion based on a police offers inarticulate hunch that a crime is about to occur or is in progress.

However, it does radically expand police authority to investigate crimes where there is a reasonable basis for suspicion.

Read the United State Supreme Court Opinion on Terry v Ohio

More in depth case detail can also be read here

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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