Department of Attorney General Prepares for MLEAC Accreditation

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.

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

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:

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.

Related Links

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

Nov 29, 2023 | Blog, Know Your Rights, Michigan Laws

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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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.

Police found my friend’s drugs in my car-What do I do?

Police found my friend’s drugs in my car-What do I do?

Jan 20, 2023 | Blog, Educational, Know Your Rights, Michigan Laws

When you’re pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That’s up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The justice system is hungry… and it eats money to keep it fat.

In Michigan, if drugs are discovered in your car, you as the driver are responsible for them. Under Michigan law it is assumed that you have control of any property that may be present inside your vehicle, you could be arrested and charged with possession.

While you cannot always control what a passenger brings into your vehicle, you can still get into trouble if they have an illegal substance on their person. Even if you are in possession of the illegal drugs, you can still be charged with constructive possession. 

To Consent or not to Consent

A police officer cannot search your car without either your consent or reasonable suspicion. If a search was conducted unlawfully, the evidence might be suppressed, which would be to your advantage and possibly lead to the drug case being dismissed.

Although they may do so without your consent, the best preventive measure is to never consent to a police search of your vehicle. But if they already have discovered a friend’s drugs in your car, it’s crucial that you remain silent and refuse to give any interviews or statements without your lawyer present.

Admit Nothing

The majority of the time, when police have reason to believe you knew drugs were in your car, it’s because you confessed to knowing. Don’t make any admissions!

Police frequently act as though they are trying to help you or even say things that will make you think that cooperating with them might be advantageous for you. Always keep in mind that the police are not your friends and that admitting that you were aware that drugs were present will not help your case.

Even if the drugs in your car actually belong to a friend and you had nothing to do with their possession, the police must link you to their possession in order to arrest you.

If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
Call Now 248-357-2550

Don’t Take the Fall

Whether or not you knew that a friend’s drugs were in your car—and even if you didn’t—you could still be arrested. You must act to defend yourself because the drugs were discovered in a vehicle that is yours.

Prosecutors frequently hear the justification that “the drugs were someone else’s” because people are frequently stopped by police and claim that any drugs found in their vehicles were not theirs despite the fact that they were. “

The most crucial action you should take if the police find your friend’s drugs is to gather all the information and speak with an experienced Michigan criminal defense attorney.

Drug Possession and Criminal Defense Lawyer offers aggressive defense against DUI, Driving While High, Marijuana, Medical Marijuana and all criminal charges in Oakland County, Macomb County, Lapeer County, Washtenaw County, Ann Arbor, Birmingham, West Bloomfield, Grand Rapids, Lansing and The entire State of Michigan. Michigan.gov

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This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff 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. You’re on the internet.

What is Constructive Possession?

What is Constructive Possession?

Jan 6, 2023 | Blog

Constructive Possession

Constructive possession is the legal possession of an object that is not in the person’s direct physical control. Like other “constructive” meanings, constructive possession legally functions as actual possession in a variety of ways. 

  • In criminal law, establishing constructive possession is often done to further prosecutions for possession crimes, such as possession of illegal drugs. 
  • In property law, establishing constructive possession grants the owner the right to obtain physical control and/or a variety of rights over someone else’s physical control of that property. 

Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. 

  • For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box. 

As seen in U.S. v. Bailey, where mere existence of a firearm in a borrowed car could not uphold constructive possession, constructive possession cannot be established on the basis of ability to control alone.  

Source: https://www.law.cornell.edu/wex/constructive_possession

Possession

Possession means the ownership, control, or occupancy of any object, asset, or property, by a person.

Cases such as this one from Missouri, explain that “possession is defined as the detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one’s use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one’s place and name.”

The two most common types of possession are:         

  1. Actual possession, also called possession in fact, is used to describe immediate physical contact. This case from New York, explains that “actual possession is what most of us think of as possession—that is, having physical custody or control of an object.”
  2. This case from the Eleventh Circuit, explains that constructive possession, also called possession in law, exists when a person has knowledge of an object plus the ability to control the object, even when the person has no physical contact with it. Constructive possession is often used in criminal cases. 

Source https://www.law.cornell.edu/wex/possession

And now for something completely different….

False DWI Arrests

If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
Call Now 248-357-2550

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2nd amendment 2020 2021 BMMR CBD corruption. prosecutors dispensary DUI forfeiture gun rights hemp komornlaw lara law enforcement abuse laws Legalization marijuana Medical Marijuana Michigan michigan laws michigan news MMFLA MRA news police politics Recreational Cannabis science usa news Your Rights

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, private stuff 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. You’re on the internet.