Police Misconduct Claims in Michigan

Statutes

Michigan Compiled Laws:

• Section 764.15 (Arrest by officer without warrant)
• Section 780.951 (Presumption regarding self-defense)

Federal Laws:

• 18 U.S. Code Section 242 (Deprivation of rights under color of law)
• 42 U.S. Code Section 1988 (Proceedings in vindication of civil rights)

When a Law-Enforcement Officer May Make an Arrest

A peace officer, without a warrant, may arrest a person in any of the following situations (see the statute for a complete list):

• A felony, misdemeanor, or ordinance violation is committed in the peace officer's presence.
• The person has committed a felony although not in the peace officer's presence.
• A felony in fact has been committed and the peace officer has reasonable cause to believe the person committed it.
• 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.
• The officer has received positive information that another officer or a court holds a warrant for the person's arrest.
• The officer has reasonable cause to believe the person is an escaped convict or has violated a condition of parole from a prison.
• 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.

When a Law-Enforcement Officer May Use Force

Deadly Force:

An officer may use deadly force when they reasonably perceive there is an imminent threat of likely death to the officer or another citizen.

Other than Deadly Force:

Any use of force by peace officers must be “objectively reasonable” in context of the facts and circumstances confronting them, without regard to their underlying intent or motivation.

Interference with Civil Rights

Federal code states that "Whoever, under color of any law, …willfully subjects any person…to 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]."

Such deprivation of rights may include (but isn't limited to):

• Physical assault;
• Sexual misconduct;
• Deliberate indifference to a serious medical condition or substantial risk of harm; or
• A failure to intervene.

The federal Department of Justice (DOJ) investigates police misconduct claims and must prove the following elements in order to get a conviction:

1. Defendant deprived a victim of a right protected by the Constitution or laws of the United States;
2. Defendant acted willfully; and
3. Defendant was acting under color of law.

To file a complaint alleging criminal violations by a peace officer, contact your local FBI office and send a written complaint to:

Criminal Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W., PHB
Washington, D.C. 20530

Civil Claims for Police Misconduct

To file a complaint alleging police misconduct, you may contact the corresponding law enforcement agency or the county prosecuting attorney with jurisdiction over the agency.