Leader

Collapse

Announcement

Collapse
No announcement yet.

Michigan: Question On Authority

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Michigan: Question On Authority

    I was wondering i anyone knows if there is a law in Michigan that holds police office accountable for not enforcing a criminal law?
    Last edited by Law17; 01-10-2008, 12:08 PM. Reason: More specific question?

  • #2
    Not a Michigan Officer, but one retired after a 30+ year career. Yours is a fairly common complaint. There's the law, and there's department policy. I'm retired from the Alabama Dept of Public Safety, and that agency pretty well has no such restrictions. However, while a local Officer I encountered it on a fairly frequent basis.

    Comment


    • #3
      While not a direct answer to your question, here's some food for thought.

      Here's a fairly common hiring question: The legislature passes a new traffic law. During your shift briefing, the sergeant tells you not to enforce that particular law. What do you do?

      The best answer I ever heard to this question went something similar to this:
      I would do as the sergeant asks.

      It's the sergeants job to assign the available resources of a department to meet the primary mission of the department. Perhaps this particular law is at odds with that mission. Perhaps the administration wants to investigate the law fully before implementing policy on its enforcement. Perhaps a moratorium on enforcement has come down the pike that I haven't heard of. There could be any number of valid reasons why the sergeant has put this order out.

      Later on, in private, I would discuss the matter with the sergeant so that I could gain a better understanding of the decision.
      Originally posted by kontemplerande
      Without Germany, you would not have won World War 2.

      Comment


      • #4
        It is not unusual for the California Highway Patrol to direct its officers to withhold enforcement of certain traffic laws. Usually it is because there is a question pending as to their legality, or because circumstances make enforcement inappropriate. For example, California's DMV is often very behind in processing registration renewals, so enforcement in that area is usually withheld until the registration has been expired for more than six months.
        Going too far is half the pleasure of not getting anywhere

        Comment


        • #5
          The CHP does NOT direct its officers to overlook or withhold enforcement of laws as a general rule. There are designed, within its policies, periods of grace for certain laws - i.e., registration, driver's license, inspections, newly enacted laws dealing with operations of motor vehicles, etc.

          There are also in place the officer's personal discretions on how to take an enforcement action. I have never known any supervisor or commander to specifically direct that an officer overlook a violation or to take no action.

          That is not to say that a supervisor will not challenge an officer who is focusing on parking violations and ignoring moving violations. It may well need to be pointed out that other priorities are essential to reduce or eliminate acts of a criminal nature by redirecting the attention of the officer. That would be proper supervisory action.

          I am certain that Michigan supervisors and administrators operate in a similar manner. Then again, I have never worked in that state so my answer is based on what my relatives in MI have told me about their LE operations.
          Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

          [George Washington (1732 - 1799)]

          Comment


          • #6
            Originally posted by SgtCHP View Post
            The CHP does NOT direct its officers to overlook or withhold enforcement of laws as a general rule.
            I must disagree.

            MIS messages come out all the time directing personnel to withhold enforcement of certain laws. More often than not, they pertain to commercial violations and usually are the result of another state's DMV or laws inadvertently doing something, or failing to do something that seriously conflicts with California's requirements, causing certain out of state commercial vehicles to be in violation while in California. The withhold usually stays in place until California works things out with the other state. Sometimes the enforcement withholds involve non-commercial matters as well, usually because of a conflicting court decisions or other matter that has caused the department to reconsider its enforcement posture, such as DMV dragging its feet with registration renewals. Often these withholds are for limited time periods while others are open ended. When things change, another MIS comes out telling personnel to resume enforcement.
            Going too far is half the pleasure of not getting anywhere

            Comment


            • #7
              What is MIS?
              "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

              Comment


              • #8
                Originally posted by equinox137 View Post
                What is MIS?
                It stands for Management Information System. In older language, its the same as a teletype. Every day CHP sends out tons of MISs to all of its offices, covering everything from unusual incidents, officer involved injuries, shootings or crashes, accident statistics, special enforcement events, which commander is going to be absent from their office and who will be in charge in their absence, and the occasional enforcement withhold.
                Going too far is half the pleasure of not getting anywhere

                Comment


                • #9
                  We get our registration due notice two months early every year, for all our vehicles. If it is paid right away, the new tab and reg card arrives long before the expiration. As far as I have seen, the people with expired reg just didn't pay the bill when it came. If they needed repairs to pass smog, two months is ample time. I give about one month grace period, then cite.
                  Government is not the solution to our problem; government is the problem. - Ronald Reagan

                  I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

                  Comment


                  • #10
                    As far as the original post goes, is this really a battle you want to fight? Make an issue out of it and you will wind up being ordered to enforce every law to the letter, and be subject to discipline if you don't. Your chain of command will see that as their only option if you are going to make an issue out of it. Your peers will be damned unhappy if they have their discretion away.
                    Government is not the solution to our problem; government is the problem. - Ronald Reagan

                    I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

                    Comment

                    MR300x250 Tablet

                    Collapse

                    What's Going On

                    Collapse

                    There are currently 5619 users online. 351 members and 5268 guests.

                    Most users ever online was 158,966 at 05:57 AM on 01-16-2021.

                    Welcome Ad

                    Collapse
                    Working...
                    X