{"id":374191,"date":"2019-05-17T13:19:56","date_gmt":"2019-05-17T18:19:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/police-misconduct-claims-in-michigan.html"},"modified":"2019-05-20T17:00:50","modified_gmt":"2019-05-20T22:00:50","slug":"police-misconduct-claims-in-michigan","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/police-misconduct-claims-in-michigan.html","title":{"rendered":"Police Misconduct Claims in Michigan"},"content":{"rendered":"\n
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Police Misconduct Claims in Michigan<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The failure to comply with an order from the police can result in resisting arrest charges and generally isn’t a good idea. Police officers, by law, can restrain and subdue a person resisting arrest. However, there are situations where police act beyond the scope of their authority, such using excessive force or harassing civilians without cause. Although it’s not always easy to define, police misconduct is illegal under federal civil rights law and may result in civil charges as well.<\/p>\r\n

Police misconduct can include the use of excessive force, making an unlawful arrest, wrongfully imprisoning an individual, racial profiling, or performing an unlawful search and seizure<\/a> (which violates the Fourth Amendment). Police have a certain amount of "qualified immunity<\/a>," as long as their actions don’t violate specific individual rights, which raises the bar for plaintiffs wishing to file police misconduct claims.<\/p>\r\n

The following sections will help you understand what constitutes police misconduct in Michigan and how claims are filed.<\/p>\r\n

Michigan Police Misconduct Claims at a Glance<\/h2>\r\n

It’s important to know what your rights are in the event the police exceed their authority, but it’s not always easy understanding statutory language. That’s why we’ve provided the following "legalese-free" summary of how police misconduct claims are handled in Michigan.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Michigan Compiled Laws:<\/p>\r\n

When a Law-Enforcement Officer May Make an Arrest<\/b><\/p>\r\n<\/td>\r\n

A peace officer, without a warrant, may arrest a person in any of the following situations (see the statute for a complete list):<\/p>\r\n

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  • A felony, misdemeanor, or ordinance violation is committed in the peace officer’s presence.<\/li>\r\n
  • The person has committed a felony although not in the peace officer’s presence.<\/li>\r\n
  • A felony in fact has been committed and the peace officer has reasonable cause to believe the person committed it.<\/li>\r\n
  • The officer has reasonable cause to believe a misdemeanor punishable by imprisonment for more than 92 days or a felony has been committed and reasonable cause to believe the person committed it.<\/li>\r\n
  • The officer has received positive information that another officer or a court holds a warrant for the person’s arrest.<\/li>\r\n
  • The officer has reasonable cause to believe the person is an escaped convict or has violated a condition of parole from a prison.<\/li>\r\n
  • The officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved in the accident and was operating the vehicle while impaired.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

When a Law-Enforcement Officer May Use Force<\/b><\/p>\r\n<\/td>\r\n

Deadly Force:<\/i><\/b><\/p>\r\n

An officer may use deadly force when they reasonably perceive there is an imminent threat of likely death to the officer or another citizen.<\/p>\r\n

Other than Deadly Force:<\/i><\/b><\/p>\r\n

Any use of force by peace officers must be \u201cobjectively reasonable\u201d in context of the facts and circumstances confronting them, without regard to their underlying intent or motivation.<\/p>\r\n<\/td>\r\n<\/tr>

Interference with Civil Rights<\/b><\/p>\r\n<\/td>\r\n

Federal code states that "Whoever, under color of any law, \u2026willfully subjects any person\u2026to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime]."<\/p>\r\n

Such deprivation of rights<\/a> may include (but isn’t limited to):<\/p>\r\n

Civil Claims for Police Misconduct<\/b><\/p>\r\n<\/td>\r\n

To file a complaint alleging police misconduct, you may contact the corresponding law enforcement agency or the county prosecuting attorney<\/a> with jurisdiction over the agency.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n