What are your rights before and after arrest?Generally, police require a search warrant to lawfully enter any private premises or to search electronic devices such as your phone or computer. If the police do not possess a search warrant, you are under no obligation to...
The MSP is Concerned About Your Privacy (Firearms)
Is the Michigan State Police really concerned about your DNA / biometric privacy?
Here’s what they say on their website
The Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and meaningful manner. Our privacy policy is designed to inform both members of the public and our employees about the PPID information we collect, how we use it, how we maintain it in our systems, under what circumstances you may access or correct your own information, and what we may disclose to others.
Biometric Identification Information
MSP may collect and use your biometric Information, including (but not limited to): fingerprint images, palm print images, iris images, digital images captured during your arrest or booking, and descriptive data associated with all images, identifying marks, scars, amputations, and tattoos, for identification and investigative purposes.
It may also require submission of biometric information for employment purposes. This information is protected, retained, and used in compliance with the Bureau of Criminal Identification and Records Act, Act 289 of 1925. This act also allows for data sharing between interstate, national, and international systems for criminal identification purposes.
Biometric Information may also be submitted voluntarily for specific programs, such as for identification of individuals with special health care needs, per the Fingerprinting Residents of this State Act, MCL 28.274.
DNA identification profile information may be collected, analyzed, indexed, and retained by MSP, as specified in the DNA Identification Profiling System Act, Act 250 of 1990. This act allows DNA profiles to be used for law enforcement identification purposes or to assist in the recovery or identification of human remains or missing persons. If personal identifiers are removed, it may also be used or shared for academic, research, statistical analysis, or protocol development purposes.
The following notice will be given to all individuals who provide a DNA sample (MSP FORM BID-016):
At the time a DNA sample is taken, please be advised:
(a) That, except as otherwise provided by law, your DNA sample or DNA profile, or both, shall be destroyed or expunged, as appropriate, if the charge for which the sample was obtained has been dismissed or resulted in acquittal, or no charge was filed within the limitations period.
(b) That your DNA sample or profile, or both, will not be destroyed or expunged, as appropriate, if MSP determines you are otherwise obligated to submit a sample or if it is evidence relating to another individual that would otherwise be retained under MCL 28.176.
(c) That the burden is on the arresting law enforcement agency and the prosecution to request the destruction or expunction of a DNA sample or profile as required under MCL 28.176, not on you.
Here’s what we say
Don’t talk to the police before, during or after your Miranda rights have been read without a lawyer present. If you do limit your information because what you say locks you into what you said. Just because you are not under arrest or being detained does not mean what you say will not be used against you.
Here is some information to review.
Don’t worry, a copy of your DNA has not been sent off to the Government Mountain Storage Facility for permanant storage out of view, or has it?
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.
More Rights You Should Know
What could happen when you click the – I agree – box?
Wrongful death suit against Disney serves as a warning to consumers when clicking ‘I agree’A wrongful death lawsuit involving Walt Disney Parks and Resorts highlights the critical importance for consumers to meticulously review the fine print before registering for a...
Other Articles
The Case of Cannarbor -v- The Michigan Dept of Treasury
Nice Try...This case centered on the disagreement between Cannarbor, Inc., a medical marijuana provisioning center operating in Michigan, and the Michigan Department of Treasury concerning the obligation to collect sales tax on the retail sale of medical marijuana....
Legal Tip – Driving High on Cannabis in Michigan
Driving under the influence of cannabis is illegal and carries serious consequences in Michigan.We have fought and won many cases from the District Courts, Circuit Courts, Court of Appeals and the Supreme Court through out the State of Michigan. We have also fought...
Michigan House Bill NO. 4391
It may just be easier to collect and analyze tears.This legislation seeks to integrate saliva testing for cannabis within law enforcement procedures, designating a refusal to participate in this testing as a criminal offense, similar to the penalties imposed for...
Legal Tip – Your Rights During a DUI Stop in Michigan
Komorn Law - Quick Legal TipsLegal Tip: Understanding Your Rights During a DUI Stop in Michigan A DUI stop can be stressful, but knowing your rights is crucial. You have the right to remain silent. You are not obligated to answer questions beyond basic identification....
How to create and share a Dropbox link
Simplified Sender and Receiver Dropbox Share Instructions to Someone NOT on your Team. Don't get caught up in another license or give access to your whole box by mistake.Dropbox Sender Share Instructions Log into your Dropbox account Hover over the file or folder...
Smell of marijuana no longer legal grounds for search
The Michigan Supreme Court has ruled that the smell of marijuana alone is no longer sufficient probable cause for police to conduct a warrantless search of a vehicle. This decision overturns a previous precedent where the odor of marijuana was considered enough...
Michigan Forfeiture News Articles
Can the police sieze your belongings and hold it without charging you with a crime?Civil asset forfeiture is a legal process that allows law enforcement agencies in Michigan to seize property they suspect is connected to criminal activity, even if the owner hasn't...
What Happens When the Government Takes Your Property?
Can the police sieze your belongings and hold it without charging you with a crime?Forfeiture laws in Michigan allow the government to seize property – like cash, cars, or even houses – if they believe it was involved in a crime. This can happen even if the owner...
