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:
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.
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.
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.
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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.
Komorn Law in conjunction with Rudoi Law and the Michigan Association of OWI Attorneys filed an amicus brief in support of the Defendant-Appellant, who was being prosecuted in the lower court for ”operating while intoxicated by marijuana.”
With the filing of the amicus brief in this appeal, the expert testimony of a DRE – in driving while intoxicated or impaired cases – can no longer be used in court.
In this case the prosecutor and lower court relied on the testimony of an expert DRE (drug recognition evaluator) to prosecute this case.
Appeals Court Agreed with the Defendant
The Michigan Court of Appeals ruled on this case agreed with the defendant and the amicus filing by Komorn Law and Rudoi Law that the DRE protocol for determining a subject’s level of impairment ‘has not been validated’.
The Court Further Stated That
“There simply is no evidence in this record to support that the DRE protocol can reliably be used to detect the degree or level of intoxication caused by marijuana and determine whether that level of intoxication has made the person unable to safely drive a motor vehicle”.
Expert DRE testimony was inadmissible under MRE 702
The court ruled that the proposed expert DRE testimony was inadmissible under MRE 702 and reversed and remanded the case for further proceedings consistent with their opinion.
With the filing of the amicus brief in this appeal, the testimony of a DRE as an expert in driving while intoxicated or impaired cases can no longer be used in court.
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.
If you feel like your case has been or could be affected by the inaccuracy of the MSP’s marijuana testing results contact our office immediately! Call 800-656-3557
Michigan State Police locked up more than 3,000 people because of faulty marijuana tests, according to internal memo The drug tests failed to distinguish between THC and CBD
Michigan State Police relied on faulty testing to produce criminal charges in about 3,250 cases since March 2019 in which a driver was allegedly under the influence of marijuana and no other drugs or alcohol.
In a letter to prosecutors sent on Wednesday, Jeffrey Nye, director of MSP’s Forensic Science Division, acknowledged that the tests could not have conclusively proven the driver was intoxicated by cannabis.
The significance of this discovery cannot be overstated. As many as 3,250 people may have been wrongfully arrested and convicted based on faulty testing.
Komorn Law has been the leading law firm bringing awareness to the public about alleged lab scandals they come across or uncover through client representation. If you need your case reviewed or you have a current charge regarding anything to do with marijuana there is no better versed or more knowledgeable than Attorney Michael Komorn.
WXYZ ABC Report 8/31/22
(WXYZ) — The Michigan State Police say more than three thousand cases involving alleged marijuana impairment could have been false positives. Last week, the MSP Forensic Science Division announced they were halting all testing of marijuana drug samples due to the possibility that the tests were positive for CBD, rather than just THC. The state police warned prosecutors not to rely on the THC toxicology results until they could learn more about the alleged problems in the testing.
THC is the psychoactive compound in marijuana. CBD is a chemical found in marijuana that does not produce a high, and CBD has not been considered a controlled substance in Michigan since March 28, 2019.
In a letter sent to prosecutors across the state today, MSP Forensic Science Division Director Jeffrey Nye said approximately 3,250 THC cases since March 28, 2019 could be impacted. The cases identified have an “alleged violation [that] is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication or recent use of marihuana to otherwise support the charged offense.”
According to Nye’s letter, the identified 3,250 cases “did not have other drugs within the scope of analysis and/or alcohol detected above the 0.08% legal threshold.
Official Statement: State Police Halts THC Toxicology Testing and Takes Steps to Ensure Transparency, Accuracy After Technical Issue with CBD
August 31, 2022
Statement by Col. Joe Gasper, Director
The Michigan State Police Forensic Science Division (MSP/FSD) is committed to providing the highest standard of forensic services to the criminal justice community. The MSP/FSD is accredited in toxicology and analyzes approximately 20,000 samples annually for the presence of alcohol and/or drugs pursuant to a forensic examination request. The men and women who work in the MSP/FSD strive to provide laboratory testing services that are timely, transparent, and scientifically accurate.
The MSP/FSD has halted all THC toxicology testing due to a technical issue in which samples containing Cannabidiol, commonly known as CBD, may be converted to Tetrahydrocannabinol, commonly known as THC, during the testing process, leading to potentially inaccurate test results.
CBD, which is structurally similar to THC, was illegal in Michigan until March 28, 2019. Since that date, however, CBD, which is reported to have no psychoactive properties, has been legal under Michigan law.
When the issue first came to our attention on August 19, 2022, the MSP/FSD immediately launched a significant evaluation of our testing process. The evaluation found the laboratory confirmatory method in use may cause 1) THC to be identified when the sample contains THC, 2) THC to be identified when the sample contains a combination of THC and CBD, or 3) THC to be identified when the sample contains CBD alone.
Upon this discovery, the MSP/FSD immediately halted the processing of samples using the current THC confirmation test. Notification was also made to the Prosecuting Attorneys Association of Michigan on August 25, 2022, for dissemination to prosecutors statewide to prevent these reports from being used in any current or pending court cases.
After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense.
Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted. These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood alcohol content legal threshold. These individual cases are being identified and will be shared with the prosecuting attorney of record for further investigation as to any potential impact to the individual involved.
In addition to temporarily halting testing of THC samples and disclosing the issue to prosecutors, the MSP/FSD has taken the following action steps:
Reported the issue to our accrediting body, ANSI National Accreditation Board (ANAB), and requested they conduct an independent review.
Temporarily halted the disposal of blood samples to preserve this evidence should re-analysis be required.
Started validating a new cannabinoid confirmatory method that will be able to distinguish CBD from THC. This method will be validated before being put into use to ensure similar issues with drug interference will not happen in the future.
Started the process to establish a contract with a private, accredited laboratory for processing THC samples in the interim before the new method is validated.
The MSP/FSD remains committed to providing the highest standard of forensic services to the criminal justice community. We have demonstrated this commitment through accreditation to ISO/IEC 17025 International Standards and voluntarily incorporating forensic standards from the National Institute of Standards and Technology (NIST) Organization of Scientific Area Committees (OSAC) into our laboratory management system, among other efforts. The MSP/FSD continues to strive to be timely, transparent and ethical in our response to this emerging technical issue.
Letter To “Criminal Justice” Partners
Michigan-State-Police-Letter Release – Page 2
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
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.
Most likely they assume you’re guilty when you choose your right to remain silent. So should we do the same?
Michigan state police remain silent on marijuana testing debacle while critics call for change.
March 28, 2019, is the date Michigan state police say CBD became legal in Michigan.
While the mystery behind what led Michigan state police forensic scientists to produce thousands of faulty marijuana blood test results lingers, multiple criminal defense attorneys who spoke with MLive are calling for a new way of doing things.
They believe the science that produces data at the center of criminal prosecution should be unbiased and independent of law enforcement influence. They want police out of the the forensic testing business and they’re using the latest THC blood testing debacle to justify their stance.
Komorn Law has been the leading law firm bringing awareness to the public about alleged lab scandals they come across or uncover through client representation. If you need your case reviewed or you have a current charge regarding anything to do with marijuana there is no better versed or more knowledgeable than Attorney Michal Komorn.
Michael Komorn, a Farmington Hills-based attorney who also specializes in marijuana law and criminal defense, said the issue could call into questions thousands of convictions across the state, depending on how long the problem has continued.
He’s calling for a full independent investigation into the state police crime lab and the creation of a lab that operates independently from the police force.
Komorn said blood test findings for marijuana are frequently used as a basis to prosecute driving offenses, especially when alcohol isn’t detected, including crashes that result in serious injury or death.
“I think that it’s time to get a new lab,” Komorn said. “Because the procedures and protocols that are being used here, if they’re wrong and unscientific and they’ve been convicting people wrongly because their tests are wrong, I think a criminal investigation should be opened. I think people should be held accountable.”
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.
