Michigan Criminal Law & Procedure: A Manual for Michigan Police Officers

Edition: 5

Copyright: 2022

Pages: 684

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Michigan Criminal Law and Procedure: A Manual for Michigan Police Officers is written by the legal staff of the Michigan State Police in cooperation with other law enforcement trainers throughout the state.  Designed for police officers and law enforcement students, the manual discusses the law most commonly applied by police officers in Michigan, including criminal law, laws of arrest and interrogation, use of force, police liability, and search and seizure.  The manual describes the statutes and leading court cases governing each of the topics covered.  All of the law-related topics required by the Michigan Commission on Law Enforcement Standards (MCOLES) are addressed in the manual.

Acknowledgments and References

Preface

Chapter 1 Constitutional Law

Declaration of Independence

U.S. Constitution

Bill of Rights

Privacy under the Constitution 

Political Participation

Michigan Constitution and United States Constitution

Foot Soldiers of the Constitution

Chapter 2 Court Functions and Basic Legal Terminology

Organization and Function of State and Federal Courts

Roles within the Judicial System

Legal Terminology

Basic Concepts of Criminal Law

Statute of Limitations

Sources of Michigan Law

Chapter 3 Search and Seizure

The Fourth Amendment to the U.S. Constitution

There Must Be Governmental Conduct Standing—Is There a Protected Interest?

Protection of Certain Places and Things 

Property

Places

Abandonment

Garbage

Vehicles

Tracking and Surveillance 

Use of a Dog

Physical Manipulation of Luggage

Monitoring Private Conversations

Pretext Stops

Pretext Arrests

The Search Warrant Rule

Search Warrant Requirements

Search Warrant Execution

Post-Search Warrant Execution

The Exclusionary Rule

Difference between the Michigan Constitution and the United States Constitution

Chapter 4 Warrantless Searches

Terry Investigative Detentions

Plain View

Consent

Search Incident to a Lawful Arrest

Probable Cause and Exigent Circumstances

Hot Pursuit

Protective Sweeps

Entry into Residence with Arrest Warrant

Emergencies

Inventories

Administrative Searches

Border Searches Exception

Chapter 5 Laws of Arrest

Fourth Amendment to the U.S. Constitution

Authority for a Valid Arrest

Elements of a Valid Arrest

Arrests Pursuant to Arrest Warrant

Arrests without a Warrant

Appearance Tickets

Private Person’s Authority to Arrest without a Warrant

Police Officer Authority Outside Jurisdiction

Prosecuting Certain Crimes

Arrestee’s Rights

Force Used to Effectuate Arrests

Resisting Arrest

Exclusionary Rule

Search Incident to Arrest—Selected Statutes

Entry into Residence to Make an Arrest

Biometric Data Requirement

Chapter 6 Admissions and Confessions

Basic Considerations

The Miranda Warnings

When are Miranda Warnings Required?

Invoking Fifth Amendment Rights

Right to Remain Silent

Fifth Amendment Right to Counsel

Sixth Amendment Right to Counsel

Waiver of Rights

Voluntariness Standard

Juveniles

Questioning by Persons other than Law Enforcement

Remedies for Violation of Rights

Chapter 7 Laws on Suspect Identification

Three Identification Methods

Corporeal Lineups

Photographic Lineups/Photo Display

Show-ups

Remedy for Improper Identification Procedures

Inanimate Objects

Chapter 8 Inchoate Offenses

Inchoate Offenses

Aiding and Abetting

Accessory after the Fact

Attempt

Conspiracy

Solicitation to Commit a Felony

Chapter 9 Assault and Child Abuse

Assaults

Injury to Fetus or Embryo

Child Abuse

Violations Involving Minors

Chapter 10 Sex Offenses

Criminal Sexual Conduct

Sexual Assault Medical Forensic Examinations, Evidence Kits, and Victim’s Rights

Sexually Abusive or Explicit Materials

Crimes of Indecency

Prostitution

Sex Offenders Registration Act

Chapter 11 Homicide and Kidnapping

Homicide

Kidnapping and Related Offenses

Chapter 12 Robbery and Related Offenses

Robbery

Carjacking

Extortion

Chapter 13 Crimes Against Persons: Selected Statutes

Vulnerable Adult Abuse

Vulnerable Adult Fraud

Financial Exploitation Prevention Act (FEPA)

Fraudulently Obtaining Signature

Duty to Report Abuse, Neglect, or Exploitation of Vulnerable Adult

Mozelle Senior or Vulnerable Adult Medical Alert Act

Ethnic Intimidation

Stalking

Posting a Message without Consent

Hazing

Eavesdropping

Surveillance of Individual Having Reasonable Expectation of Privacy

Install a GPS-Tracking Device on the Vehicle of Another

Internet Privacy Protection Act

Operating an Audiovisual Device in Movie Theaters

Tampering with Electronic Communication

Malicious Use of Telecommunications Device

Cyberbullying

School Threats

Identity Theft

Computer Crimes

Fraudulent Access to Computers, Computer Systems, and Computer Networks

Adulterated Food

Poisoning

Chapter 14 Controlled Substances

Schedules

Offenses and Penalties

The Michigan Regulation and Taxation of Marihuana Act

The Michigan Medical Marihuana Act

Medical Marihuana Facilities Licensing Act

Marihuana Tracking Act

Chapter 15 Weapons and Explosives

Firearms and Unlawful Weapons

Concealed Pistol Licenses (CPL)

Explosives, Bombs, and Harmful Devices 326 Michigan Fireworks Safety Act

Chapter 16 Theft Crimes

Motor Vehicle Crimes

Larceny

Retail Crime

Embezzlement

Scrap Metal Regulatory Act

Chapter 17 Burglary

Breaking and Entering

Home Invasion

Other Statutes of Interest

Chapter 18 Financial Crimes

Fraudulent Check Law Violations

Forgery

Counterfeiting

Financial Transaction Device (FTD)

Money Laundering

Sales Suppression Device, Zapper, Phantom-ware, and Skimming Device

Charitable Organizations and Solicitations Act

Chapter 19 Crimes Against Property: Selected Statutes

Receiving or Concealing Stolen Property

Trespass

Recreational Trespass

Chapter 20 Destruction of Property

Arson

Preparation to Burn

Malicious Destruction of Property

Chapter 21 O.W.I. and Related Law

Operating While Intoxicated

Operating While Visibly Impaired

Operating with the Presence of Drugs (O.W.P.D.)

.02Bac/Zero Tolerance for Persons Less than 21

Additional Crimes

Investigation and Enforcement

Chapter 22 Impersonation and Obstruction of Justice

Impersonation

False Representations

Misconduct in office

Bribery

False Reports

Other False Reports

Escape

Perjury

Jury Tampering

Witness Tampering

Obstruction of Justice

Taking Firearms/Other Weapons From an officer

Resisting and Obstructing

Lying to a Police Officer

Fleeing and Eluding

Probation Orders

Peace Bonds

Chapter 23 Public Interest Crimes: Selected Statutes

Gambling

Body Armor

Police Scanners

Aiming Directed Energy Device at Aircraft or Train

Unmanned Aircraft Systems

Liquor Law Violations

Peddler License Violations

Animal Offenses

Disorderly Conduct

Riots

Littering

Other Littering offenses

Gang Offenses

Racketeering

Duty to Report Violent Wounds/Deaths

Chapter 24 Juvenile Law

Differences in Terminology

Jurisdiction of the Family Division of Circuit Court

Custody

Requirements Upon Taking Custody

Detention

Waiver of Family Division of Circuit Court Jurisdiction

Hearing Phases

Biometric Data

Chapter 25 Domestic Violence

Domestic Violence Is a Law Enforcement Issue

Arrest Powers

Victim’s Rights

Reporting Requirements

Domestic Violence Proceedings

Substantive Crimes Associated with Domestic Violence

Michigan Personal Protection Orders (PPO)

Foreign Protection Order (FPO)

Chapter 26 Crime Victim’s Rights

Constitutional Rights of Crime Victims

Crime Victim’s Rights Act (CVRA)

Requirements Under the CVRA for Law Enforcement

The Crime Victims Service Commission

Chapter 27 Laws of Evidence

Introduction

Proof

Corpus Delicti

Res Gestae

Chain of Custody

Judicial Notice

Presumptions and Inferences

Admissibility of Evidence

Best Evidence Rule (Original Document Rule)

Hearsay

Testimony

Opinion Evidence

Impeachment

Character Evidence

Privileges

Exclusionary Rule

Chapter 28 Laws on Use of Force

Fourth Amendment Standard—Use of Force

Michigan Standard—Reasonably Necessary Force

Deadly Force

Preventing the Escape of Fleeing Felons

Immunity—Examples of Civil Cases

Use of Force in Self-Defense—The Self Defense Act

Chapter 29 Civil Law and Liability

Civil Law

Civil Litigation

Civil Liability

Intentional Torts

Negligence Torts

Constitutional Torts—42 U.S.C. § 1983

Appendix: Sample Forms

Appendix A: Search Warrant

Appendix B: Arrest Warrant & Court Documents 

Appendix C: Chemical Analysis 

Appendix D: Domestic Violence & Crime Victim Notices 

Appendix E: Miscellaneous  

Glossary

Index

Michigan Department Of State Police

Several legal instructors throughout the State of Michigan contributed to the development of this and previous editions of this manual in hopes that it will help police officers and police recruits comprehend the legal parameters that they operate within on a day-to-day basis. Their assistance is greatly appreciated, as any success this book has is a result of their insight and dedication.  The content of this edition was revised and edited by:

  • Steven G. Beatty, J.D.
  • Matt W. Bolger, J.D.
  • Aimee L. Brimacombe, J.D.
  • Joseph E. Brodeur, J.D.
  • Richard A. Chaffee, J.D.
  • Michael A. Church, J.D.
  • Christopher S. Corriveau, J.D.
  • Thomas M. Deasy, J.D.
  • Kristina J. Droste, J.D.
  • John T. Gemellaro, J.D.
  • Christopher J. Hawkins, J.D.
  • Lori M. Hinkley, J.D.
  • Matthew T. Williams, J.D.

Michigan Criminal Law and Procedure: A Manual for Michigan Police Officers is written by the legal staff of the Michigan State Police in cooperation with other law enforcement trainers throughout the state.  Designed for police officers and law enforcement students, the manual discusses the law most commonly applied by police officers in Michigan, including criminal law, laws of arrest and interrogation, use of force, police liability, and search and seizure.  The manual describes the statutes and leading court cases governing each of the topics covered.  All of the law-related topics required by the Michigan Commission on Law Enforcement Standards (MCOLES) are addressed in the manual.

Acknowledgments and References

Preface

Chapter 1 Constitutional Law

Declaration of Independence

U.S. Constitution

Bill of Rights

Privacy under the Constitution 

Political Participation

Michigan Constitution and United States Constitution

Foot Soldiers of the Constitution

Chapter 2 Court Functions and Basic Legal Terminology

Organization and Function of State and Federal Courts

Roles within the Judicial System

Legal Terminology

Basic Concepts of Criminal Law

Statute of Limitations

Sources of Michigan Law

Chapter 3 Search and Seizure

The Fourth Amendment to the U.S. Constitution

There Must Be Governmental Conduct Standing—Is There a Protected Interest?

Protection of Certain Places and Things 

Property

Places

Abandonment

Garbage

Vehicles

Tracking and Surveillance 

Use of a Dog

Physical Manipulation of Luggage

Monitoring Private Conversations

Pretext Stops

Pretext Arrests

The Search Warrant Rule

Search Warrant Requirements

Search Warrant Execution

Post-Search Warrant Execution

The Exclusionary Rule

Difference between the Michigan Constitution and the United States Constitution

Chapter 4 Warrantless Searches

Terry Investigative Detentions

Plain View

Consent

Search Incident to a Lawful Arrest

Probable Cause and Exigent Circumstances

Hot Pursuit

Protective Sweeps

Entry into Residence with Arrest Warrant

Emergencies

Inventories

Administrative Searches

Border Searches Exception

Chapter 5 Laws of Arrest

Fourth Amendment to the U.S. Constitution

Authority for a Valid Arrest

Elements of a Valid Arrest

Arrests Pursuant to Arrest Warrant

Arrests without a Warrant

Appearance Tickets

Private Person’s Authority to Arrest without a Warrant

Police Officer Authority Outside Jurisdiction

Prosecuting Certain Crimes

Arrestee’s Rights

Force Used to Effectuate Arrests

Resisting Arrest

Exclusionary Rule

Search Incident to Arrest—Selected Statutes

Entry into Residence to Make an Arrest

Biometric Data Requirement

Chapter 6 Admissions and Confessions

Basic Considerations

The Miranda Warnings

When are Miranda Warnings Required?

Invoking Fifth Amendment Rights

Right to Remain Silent

Fifth Amendment Right to Counsel

Sixth Amendment Right to Counsel

Waiver of Rights

Voluntariness Standard

Juveniles

Questioning by Persons other than Law Enforcement

Remedies for Violation of Rights

Chapter 7 Laws on Suspect Identification

Three Identification Methods

Corporeal Lineups

Photographic Lineups/Photo Display

Show-ups

Remedy for Improper Identification Procedures

Inanimate Objects

Chapter 8 Inchoate Offenses

Inchoate Offenses

Aiding and Abetting

Accessory after the Fact

Attempt

Conspiracy

Solicitation to Commit a Felony

Chapter 9 Assault and Child Abuse

Assaults

Injury to Fetus or Embryo

Child Abuse

Violations Involving Minors

Chapter 10 Sex Offenses

Criminal Sexual Conduct

Sexual Assault Medical Forensic Examinations, Evidence Kits, and Victim’s Rights

Sexually Abusive or Explicit Materials

Crimes of Indecency

Prostitution

Sex Offenders Registration Act

Chapter 11 Homicide and Kidnapping

Homicide

Kidnapping and Related Offenses

Chapter 12 Robbery and Related Offenses

Robbery

Carjacking

Extortion

Chapter 13 Crimes Against Persons: Selected Statutes

Vulnerable Adult Abuse

Vulnerable Adult Fraud

Financial Exploitation Prevention Act (FEPA)

Fraudulently Obtaining Signature

Duty to Report Abuse, Neglect, or Exploitation of Vulnerable Adult

Mozelle Senior or Vulnerable Adult Medical Alert Act

Ethnic Intimidation

Stalking

Posting a Message without Consent

Hazing

Eavesdropping

Surveillance of Individual Having Reasonable Expectation of Privacy

Install a GPS-Tracking Device on the Vehicle of Another

Internet Privacy Protection Act

Operating an Audiovisual Device in Movie Theaters

Tampering with Electronic Communication

Malicious Use of Telecommunications Device

Cyberbullying

School Threats

Identity Theft

Computer Crimes

Fraudulent Access to Computers, Computer Systems, and Computer Networks

Adulterated Food

Poisoning

Chapter 14 Controlled Substances

Schedules

Offenses and Penalties

The Michigan Regulation and Taxation of Marihuana Act

The Michigan Medical Marihuana Act

Medical Marihuana Facilities Licensing Act

Marihuana Tracking Act

Chapter 15 Weapons and Explosives

Firearms and Unlawful Weapons

Concealed Pistol Licenses (CPL)

Explosives, Bombs, and Harmful Devices 326 Michigan Fireworks Safety Act

Chapter 16 Theft Crimes

Motor Vehicle Crimes

Larceny

Retail Crime

Embezzlement

Scrap Metal Regulatory Act

Chapter 17 Burglary

Breaking and Entering

Home Invasion

Other Statutes of Interest

Chapter 18 Financial Crimes

Fraudulent Check Law Violations

Forgery

Counterfeiting

Financial Transaction Device (FTD)

Money Laundering

Sales Suppression Device, Zapper, Phantom-ware, and Skimming Device

Charitable Organizations and Solicitations Act

Chapter 19 Crimes Against Property: Selected Statutes

Receiving or Concealing Stolen Property

Trespass

Recreational Trespass

Chapter 20 Destruction of Property

Arson

Preparation to Burn

Malicious Destruction of Property

Chapter 21 O.W.I. and Related Law

Operating While Intoxicated

Operating While Visibly Impaired

Operating with the Presence of Drugs (O.W.P.D.)

.02Bac/Zero Tolerance for Persons Less than 21

Additional Crimes

Investigation and Enforcement

Chapter 22 Impersonation and Obstruction of Justice

Impersonation

False Representations

Misconduct in office

Bribery

False Reports

Other False Reports

Escape

Perjury

Jury Tampering

Witness Tampering

Obstruction of Justice

Taking Firearms/Other Weapons From an officer

Resisting and Obstructing

Lying to a Police Officer

Fleeing and Eluding

Probation Orders

Peace Bonds

Chapter 23 Public Interest Crimes: Selected Statutes

Gambling

Body Armor

Police Scanners

Aiming Directed Energy Device at Aircraft or Train

Unmanned Aircraft Systems

Liquor Law Violations

Peddler License Violations

Animal Offenses

Disorderly Conduct

Riots

Littering

Other Littering offenses

Gang Offenses

Racketeering

Duty to Report Violent Wounds/Deaths

Chapter 24 Juvenile Law

Differences in Terminology

Jurisdiction of the Family Division of Circuit Court

Custody

Requirements Upon Taking Custody

Detention

Waiver of Family Division of Circuit Court Jurisdiction

Hearing Phases

Biometric Data

Chapter 25 Domestic Violence

Domestic Violence Is a Law Enforcement Issue

Arrest Powers

Victim’s Rights

Reporting Requirements

Domestic Violence Proceedings

Substantive Crimes Associated with Domestic Violence

Michigan Personal Protection Orders (PPO)

Foreign Protection Order (FPO)

Chapter 26 Crime Victim’s Rights

Constitutional Rights of Crime Victims

Crime Victim’s Rights Act (CVRA)

Requirements Under the CVRA for Law Enforcement

The Crime Victims Service Commission

Chapter 27 Laws of Evidence

Introduction

Proof

Corpus Delicti

Res Gestae

Chain of Custody

Judicial Notice

Presumptions and Inferences

Admissibility of Evidence

Best Evidence Rule (Original Document Rule)

Hearsay

Testimony

Opinion Evidence

Impeachment

Character Evidence

Privileges

Exclusionary Rule

Chapter 28 Laws on Use of Force

Fourth Amendment Standard—Use of Force

Michigan Standard—Reasonably Necessary Force

Deadly Force

Preventing the Escape of Fleeing Felons

Immunity—Examples of Civil Cases

Use of Force in Self-Defense—The Self Defense Act

Chapter 29 Civil Law and Liability

Civil Law

Civil Litigation

Civil Liability

Intentional Torts

Negligence Torts

Constitutional Torts—42 U.S.C. § 1983

Appendix: Sample Forms

Appendix A: Search Warrant

Appendix B: Arrest Warrant & Court Documents 

Appendix C: Chemical Analysis 

Appendix D: Domestic Violence & Crime Victim Notices 

Appendix E: Miscellaneous  

Glossary

Index

Michigan Department Of State Police

Several legal instructors throughout the State of Michigan contributed to the development of this and previous editions of this manual in hopes that it will help police officers and police recruits comprehend the legal parameters that they operate within on a day-to-day basis. Their assistance is greatly appreciated, as any success this book has is a result of their insight and dedication.  The content of this edition was revised and edited by:

  • Steven G. Beatty, J.D.
  • Matt W. Bolger, J.D.
  • Aimee L. Brimacombe, J.D.
  • Joseph E. Brodeur, J.D.
  • Richard A. Chaffee, J.D.
  • Michael A. Church, J.D.
  • Christopher S. Corriveau, J.D.
  • Thomas M. Deasy, J.D.
  • Kristina J. Droste, J.D.
  • John T. Gemellaro, J.D.
  • Christopher J. Hawkins, J.D.
  • Lori M. Hinkley, J.D.
  • Matthew T. Williams, J.D.