MI Citizen Laws regarding Unwarranted Search??

[Jynkxxie]

Wink, I would suggest taking personal/department info off of here.

O.k. Going back to read.

[Stump]

They DID explain what they were doing there... immediately. They said that they were pursuing a male and the tracks led to your door. So what if the sidewalks were shoveled - there are always remnants of snow left on the ground.
I would re-think your complaint, if I were you. I don't understand why you were so uncooperative with them in the first place.

[Jynkxxie]

If they were in pursuit of this person that they did end up finding in your car, then they were justified in searching your home. I can't say much for them being rude. Wasn't there. But all I can tell you is that I have seen the job second hand...and it makes some people very unpleasant to be around, though sometimes it is just their personality in general. Don't take it too personally. It would have been nice if someone would have expained it to you, but do you really think that a group of people who are in pursuit of a Felon have time to answer questions? And I don't really think that there is a time limit while they are doing an investigation. So weither(sp) you wanted them there or not, I can tell you they are not going to leave until they have satisfied the reason for which they are there in the first place. That is like leaving and accident before the cars are towed away. That is just my opinion. Sometimes though, instead of a letter, I have contacted my local PD to ask certain questions that I felt had not been answered. This was after the fact but it does help to step back, give yourself time to collect. My experience was that it helped me strengthen my relationship as a resident and understanding of thier job with my local PD.

[winkowski]

Thanks for the great advice... All of this input helps as the last thing I want to do is have a bad relationship with the local police.

I have to go down to the station and drop off those keys, maybe I will ask for the one officer and apologize for my uncooperative behavior and just go from there. I am sure his emotions were high at the time...

Thanks again!!

[ngcsubutterbar]

if you're afraid of what they may do back on a complaint then you've already lost.

Either way, good luck in whatever you choose to do.

[Scoop]

I would like them to check my house as a concerned safety measure, but not as a suspect.

Wear their shoes for a few moments:

Chase a possibly armed felon into a house.

Could be his house.
Could be his friends' house.
Could be weapons there.
Could be his friend's house and his friend is stalling for time with the actor loads up his AK.

Sometimes you HAVE to be a little rude in order to save a life (especially if it's your OWN life or that of a partner).

I do agree that they could have explained things to you later, though.

[darrell]

Rbielak,

There is nothing wrong with me using this avatar. I never once mentioned anywhere or to anyone I was a Michigan Certified officer or a Michigan Troop. I fully back the Troops 120%, and I have a lot of buddies that are Troops. I am big into their history, image and other aspects cause I eventually will work for them. I have that musch of a positive out look on that. I am applying to the August Academy. I am familiar with the Michigan Ciminal Code, and the Motor Vehicle Code. I do have to review it as noone has it memorized. As for the officers attitude, when adrealine is flowing and a persons heart beat it topping out to the limit from a fight, chase, or wha have you it is hard and almost impossible to be able to calmly and politely answer your questions. I am not endorceing what was done, cause I still only have 1 side to the story. I will say that in that instance there are a lot of officers and other law enforcement officals that would have taken the same tone and action. It is hard enough to stay focused on one thing let alone have every nosey citizen or suspect askign 1000's questions. As I said before if a wrong was committed by the officer, that is what your lawyers are for. Thats one of the reasons why they exist.

I will agree with you Rbielak that they could and should have at the end of the search then spoke with the resident of the apartment/house and advised the sitauation and answered any question that they could have. But doig so in the heat of the moment is costing precious time and safety. When someone runs from a officer should they be assumed to be armed? I think so. If I caused any confusion I apologise.

[Scoop]

There is nothing wrong with me using this avatar.

I don't recall ever saying that there was "anything wrong" with you using it. I merely stated that, on most boards, people who use departmental insignia as an avatar usually do so because they work for that department. It's more or less an "implied" thing, regardless of whether or not the person specifically states it. No big deal. It was just an observation based on previous experiences.

I will agree with you Rbielak that they could and should have at the end of the search then spoke with the resident of the apartment/house and advised the sitauation and answered any question that they could have. But doig so in the heat of the moment is costing precious time and safety. When someone runs from a officer should they be assumed to be armed? I think so. If I caused any confusion I apologise.

"Time and safety" and "heat of the moment" are not legal justifications for violating the Constitutional rights and privileges of the people. If their rights aren't being trampled, then okay.

As for assuming that someone is armed based purely on flight - no, I don't agree. More than likely, they've got a warrant, previous offenses, possession of drugs or perhaps under the influence. Armed? No, that one would be much further down the list. (not that you shouldn't keep it in the back of you mind or be cautious if/when you catch up with the actor).

[Jynkxxie]

Yeah, but my opinion Rbielak, is that it is not the governments responsibility to make sure that individuals know the law, it is theirs. I am not disagreeing with your statement, just adding a side note.

[darrell]

I understand that you disagree with the fact that you shouldn't assume everyone that flee's the police has a weapon. But as a police officer what is the #1 objective of every time you hit the street? It is to go home at the end of the shift w/o and injuries. Lot of police officers were killed chasing suspect on foot due to the actor just simply turning around and shooting them. You ALWAYS assume the worst case seniero with any perp, actor or suspect that you have to try to arrest.

I believe it was last year that a Detroit Police officer was breakign up a family disturbance one of the suspect decided to run into the back yeard. He gave chase and attempted to place him in custody. His brother came up from behind and shot him in the head exacution stlye. The thing was that the guy he was chasing wasn't the only one that fleed him but he was the one that didn't fight. He just put the gun to his head and shot him. Did he assume that either of those suspects were unarmed? Hell no. I bet that was the first thing on his mind besides making the arrest. This area is where I have to be very carefull cause I have lost my share of really close friends. I have lost a total of 5 friends on the job they loved to do. So just understand that they (most if not all) always think someone is or can be armed. Especially in todays society of the CCW permit for every jaggoff that has a clean record but may not be mentally fit.

[Jynkxxie]

Hey you aren't talking 'bout me Darrell are ya? LOL ;)

[darrell]

LOL Jynkxxie no not about you. Now why would I do that? lol

[Scoop]

I believe it was last year that a Detroit Police officer was breakign up a family disturbance one of the suspect decided to run into the back yeard.

Scott Stewart, RIP. http://www.odmp.org/officer.php?oid=16355

Especially in todays society of the CCW permit for every jaggoff that has a clean record but may not be mentally fit.

If a gun board gives a CPL to any person that is NOT mentally fit, then they have violated Michigan firearms law.

[darrell]

I am perfectly familar with the shooting of the DPD officer. I also have good workign knowledge of Mich Law. There are a handfull of mentally unfit people that get CCW's. It's the ones that have been evaluated by a Doctor are the ones that don't get them. Just like a lot of criminals don't get caught. Just because someone hasn't gotten evaluated don't mean they are fit. No matter what i say you it seems will find something my post's to pick apart. It is a free country and I understand that but I do not need the MCL statutes tossed at me or the wording of a law everytime I say something. To me it seems that you do not have a liking for Law Enforcement. I apologise if this is out of line or is untrue. It is only my observation. Also can you name all the exceptions to the search warrant rule??

[Scoop]

Darrell -

You must have misinterpreted my last post. I was just quantifying the death that you were thinking about. Not meant as an insult, sorry.

I wasn't trying to pick apart your post. Just pointing out that the law, as designed by the Michigan legislature, determines who is and isn't supposed to get a CPL. Sure, some folks who shouldn't have one might get through, just as certain people who shouldn't be on the road get a driver's license. But if they work within the confines of the law, most of the 'mental cases' will get weeded out.

As for my 'not having a liking for Law Enforcement' -- that's pretty cute. Especially since I'm in the middle of the process of becoming a reserve officer for the city I live in. :-)