Michigan Criminal Law and Procedure: A Manual for Michigan Police Officers
Edition: 5
Copyright: 2022
Pages: 684
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
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.