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The MSP is Concerned About Your Privacy (Vehicle Information)

Jul 25, 2024 | Know Your Rights

Is the Michigan State Police really concerned about your Driver License and Motor Vehicle Information 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.

MSP may access and use “personal information” or “highly restricted personal information” from a State department of motor vehicles for reasons permitted by 18 USC 2721 or the Michigan Vehicle Code, Act 300 of 1949. The Michigan Vehicle Code grants MSP access to this information during the performance of law enforcement functions.

MSP may also access and use your driver photograph and electronic signature per the Michigan Vehicle Code (MCL 25.307), the State Personal Identification Card Act (Act 222 of 1972), and the Enhanced Driver License and Enhanced Official State Personal Identification Card Act (Act 23 of 2008) for a law enforcement purpose authorized by law, for compliance with the Sex Offenders Registration Act (Act 295 of 1994), or for issuing a license under the Firearms Act (MCL 28.425c).

MSP collects vehicle license plate number and location information from select public roadways using License Plate Recognition technology for the purpose of locating vehicles related to open investigations, vehicles entered into the Law Enforcement Information Network (LEIN), or vehicles entered into the FBI National Crime Information Center (NCIC) system. This information is retained, used, and shared in accordance with departmental policy.

Source

Here’s what we say

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

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.

Tap to Call Komorn Law Now

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The MSP is Concerned About Your Privacy (Biometric Information)

Jul 24, 2024 | Know Your Rights

Is the Michigan State Police really concerned about your DNA / biometric privacy?

Here’s what they say on their website

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

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

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.

Tap to Call Komorn Law Now

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The MSP and Your Privacy (Criminal History)

Jul 23, 2024 | Know Your Rights

Is the Michigan State Police really concerned about your criminal history privacy?

Here’s what they say on their website

Criminal History Information

Criminal History Record information includes name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver’s license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions.

Pursuant to the Bureau of Criminal Identification and Records Act, Act 289 of 1925, MSP is responsible for procuring and filing criminal history record information on all persons arrested within the State of either a felony or a misdemeanor, or criminal contempt charge.

Criminal History information is available to criminal justice personnel and other entities, for both criminal justice purposes and other purposes specifically authorized by law.

Public Criminal History Record information can be accessed by the public through the Internet Criminal History Access Tool (ICHAT) at https://www.michigan.gov/ichat. ICHAT will not provide Criminal History information that is nonpublic or prohibited by law from being disseminated.

Information on how to obtain or correct your own Criminal History can be found here:

Criminal Justice Information

MSP may directly or indirectly collect potentially personally identifiable data from individuals in the course of performing its statutory duties. This information may exist on paper or electronically, and may be captured in written, audio, video, or other formats. This information is used for the sole purpose of administering criminal justice.

Criminal Justice Information is used and disclosed solely for Criminal Justice purposes, or as required by law. It is protected, retained, and used in compliance with the Federal Bureau of Investigations (FBI) Criminal Justice Information Systems (CJIS) Security Policy, the CJIS Policy Council Act (Act 163 of 1974), and other applicable state statutes.

Here’s what we say

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

Here is some information to review.

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.

Tap to Call Komorn Law Now

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Michigan DNA Collection – The Law

Jul 19, 2024 | Michigan State Police

Chapter 750
Act 328 of 1931
328-1931-LXXVI

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Here’s the website info

750.520m DNA identification profiling; chemical testing; manner of collecting and transmitting samples; existing DNA identification profile; assessment; definitions.

Sec. 520m.

(1) A person shall provide samples for chemical testing for DNA identification profiling or a determination of the sample’s genetic markers and shall provide samples for chemical testing if any of the following apply:

(a) The individual is arrested for committing or attempting to commit a felony offense or an offense that would be a felony if committed by an adult.

(b) The person is convicted of, or found responsible for, a felony or attempted felony, or any of the following misdemeanors or local ordinances that are substantially corresponding to the following misdemeanors:

(i) A violation of section 167(1)(c), (f), or (i), disorderly person by window peeping, engaging in indecent or obscene conduct in public, or loitering in a house of ill fame or prostitution.

(ii) A violation of section 335a(1), indecent exposure.

(iii) A violation punishable under section 451(1) or (2), first and second prostitution violations.

(iv) A violation of section 454, leasing a house for purposes of prostitution.

(2) Notwithstanding subsection (1), if at the time the person is arrested for, convicted of, or found responsible for the violation the investigating law enforcement agency or the department of state police already has a sample from the person that meets the requirements of the DNA identification profiling system act, 1990 PA 250, MCL 28.171 to 28.176, the person is not required to provide another sample or pay the assessment required under subsection (5).

(3) The county sheriff or the investigating law enforcement agency shall collect and transmit the samples in the manner required under the DNA identification profiling system act, 1990 PA 250, MCL 28.171 to 28.176.

(4) An investigating law enforcement agency, prosecuting agency, or court that has in its possession a DNA identification sample obtained from a person under subsection (1) shall forward the DNA identification sample to the department of state police after the person from whom the sample was taken has been charged with committing or attempting to commit a felony offense or an offense that would be a felony if committed by an adult unless the department of state police already has a DNA identification profile of the person.

(5) The court shall order each person found responsible for or convicted of 1 or more crimes listed in subsection (1) to pay an assessment of $60.00. The assessment required under this subsection is in addition to any fine, costs, or other assessments imposed by the court.

(6) An assessment required under subsection (5) shall be ordered upon the record, and shall be listed separately in the adjudication order, judgment of sentence, or order of probation.

(7) After reviewing a verified petition by a person against whom an assessment is imposed under subsection (5), the court may suspend payment of all or part of the assessment if it determines the person is unable to pay the assessment.

(8) The court that imposes the assessment prescribed under subsection (5) may retain 10% of all assessments or portions of assessments collected for costs incurred under this section and shall transmit that money to its funding unit. On the last day of each month, the clerk of the court shall transmit the assessments or portions of assessments collected under this section as follows:

(a) Twenty-five percent to the county sheriff or other investigating law enforcement agency that collected the DNA sample as designated by the court to defray the costs of collecting DNA samples.

(b) Sixty-five percent to the state treasurer for deposit in the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.

(9) As used in this section:

(a) “DNA identification profile” and “DNA identification profiling” mean those terms as defined in section 2 of the DNA identification profiling system act, 1990 PA 250, MCL 28.172.

(b) “Investigating law enforcement agency” means the law enforcement agency responsible for the investigation of the offense for which the person is arrested or convicted. Investigating law enforcement agency includes the county sheriff but does not include a probation officer employed by the department of corrections.

(c) “Felony” means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.

(d) “Sample” means a portion of a person’s blood, saliva, or tissue collected from the person.

Here’s what we say

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

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.

Tap to Call Komorn Law Now

More Rights You Should Know

The “Automobile Exception” in Michigan law

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Using a computer to commit a crime – The latest add on charges

A drunk driving investigation, a car wreck and a blood draw

Police say they can tell if you are too high to drive

The 6th Amendment – Do You Know What It Is?

Jul 17, 2024 | Know Your Rights, Supreme Court, Your Rights

The 6th Amendment: is it still a thing?

The 6th Amendment to the United States Constitution is a crucial pillar of the Bill of Rights, designed to ensure fair and just legal proceedings for individuals accused of crimes. Ratified on December 15, 1791, this amendment outlines several key rights that are fundamental to the American justice system.

Key Provisions of the 6th Amendment:

Right to a Speedy and Public Trial: One of the fundamental guarantees of the 6th Amendment is the right to a speedy trial. This provision ensures that individuals accused of crimes are not held in pretrial detention for extended periods, preventing undue delay that could prejudice their defense. Additionally, trials must be public, allowing for transparency and accountability in the judicial process.
Right to a Fair Jury: The amendment affords individuals the right to a trial by an impartial jury of their peers. This jury serves as a safeguard against arbitrary governmental actions and ensures that decisions in criminal cases are made by a diverse group representing the community where the alleged crime occurred.
Right to Confront Witnesses: Central to the concept of due process, the 6th Amendment guarantees defendants the right to confront and cross-examine witnesses testifying against them. This right helps to safeguard against unreliable or false testimony and allows defendants to challenge the evidence presented by the prosecution.
Right to Compulsory Process: Defendants have the right to compel witnesses to appear and testify on their behalf. This provision empowers individuals to present evidence that supports their defense, ensuring a comprehensive and balanced presentation of facts during trial.
Right to Counsel: Perhaps one of the most well-known provisions of the 6th Amendment is the right to legal counsel. Defendants have the right to be represented by an attorney, whether retained privately or provided by the state if they cannot afford one. This ensures that defendants are adequately prepared and supported in navigating the complexities of the legal system.
Right to Know Charges and Evidence: The amendment guarantees that defendants are informed of the nature and cause of accusations against them (the charges). Moreover, they have the right to be informed of the evidence and witnesses presented by the prosecution, allowing them to prepare an effective defense strategy.

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

The principles enshrined in the 6th Amendment continue to play a pivotal role in ensuring fairness, equity, and accountability in the American legal system. As society evolves and legal challenges evolve with it, the 6th Amendment remains a bedrock for protecting individual rights against the power of the state.

In conclusion, the 6th Amendment stands as a cornerstone of justice in the United States, guaranteeing essential rights to individuals accused of crimes. By upholding principles such as the right to a speedy trial, an impartial jury, confrontation of witnesses, compulsory process, legal counsel, and access to information, this amendment reinforces the core values of due process and fairness under law.

For more detailed information, you can explore the full text and historical context of the 6th Amendment on the official website of the U.S. Congress.

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.

Tap to Call Komorn Law Now

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Is the Michigan State Police really concerned about your Driver License and Motor Vehicle Information privacy?

Attorney Michael Komorn

State / Federal Legal Defense

KOMORN LAW (248) 357-2550

More Rights You Should Know

Is the Michigan State Police really concerned about your DNA / biometric privacy?

Attorney Michael Komorn

State / Federal Legal Defense

KOMORN LAW (248) 357-2550

More Rights You Should Know

Is the Michigan State Police really concerned about your criminal history privacy?

Attorney Michael Komorn

State / Federal Legal Defense

KOMORN LAW (248) 357-2550

More Rights You Should Know

Attorney Michael Komorn

State / Federal Legal Defense

KOMORN LAW (248) 357-2550

More Rights You Should Know

The 6th Amendment: is it still a thing?

Attorney Michael Komorn

State / Federal Legal Defense

KOMORN LAW (248) 357-2550

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