For those of you who think that your deleted videos uploaded to websites are safe, here is a recent posting in reference to the Capitol riots and Parler Thanks to Bill Perry for the sources
https://cybernews.com/news/70tb-of-parler-users-messages-videos-and-posts-leaked-by-security-researchers/?fbclid=IwAR0UP0sOYCmFYqU9EwiCcaC4zbr-T_SdrEObbPT0SHLOam-hjieisgyHxds
https://gizmodo.com/every-deleted-parler-post-many-with-users-location-dat-1846032466?fbclid=IwAR06stFbD-NOhD9NGfrA74Le5Jzk_0uvH7aK8wPHCRASqJ1EXkVwcRdstUw
Note these actions were done by a private citizen. Trust me in saying the government has its own tools.
Many of us who do criminal defense, know that the government has tools to do data dumps if they get a warrant for your phone. They can get everything including deleted material and GPS pings that can place your phone in a very specific location. GPS is not your Geolocator
Be forewarned
Arrested for Disorderly Conduct in Michigan
Being arrested for Disorderly Conduct in Michigan (MCL 750.167) if convicted is a Misdemeanor punishable by up to 93 days in county jail and/or probation + a hefty fine and court costs.
- The city of Royal Oak, Michigan defines Disorderly Conduct in 278.35
- The city of Mt. Clemens, Michigan defines Disorderly Conduct in 20.001 – Sec 1
Also under Michigan law, there is also a Disorderly Persons offense (MCL 750.168) which is a catch-all for several offenses in Michigan.
Being convicted of Disorderly Conductor Disorderly Persons will result in a criminal record. If you had a prior charge for being “disorderly” and as a result, the prosecutor, judge, and probation officer view it as “contact” with the criminal justice system. Any contact(s) with the courts and/or the cops are not good. They suggest that the person has a propensity for getting in trouble, and if they didn’t learn the first time, then they obviously need a more severe consequence.
Depending on your circumstances it may be possible to get these charges completely dropped, preserving you from getting a permanent criminal record. Because these offenses are so common, and subjectively applied, it is VERY IMPORTANT to have a skilled and knowledgeable Michigan disorderly conduct defense attorney to represent you.
Resisting Arrest in Michigan
Been charged with Resisting Arrest in Michigan for the very first time, this doesn’t make you a criminal or a bad person. It’s quite common that a good person will get themselves unfortunately into a bad situation, which results in them being charged with Resisting Arrest in Michigan.
According to Michigan Legislature Section 750.81d, assaulting, battering, resisting, obstructing, or opposing a person performing their legal duty is a felony criminal offense, which can result in both jail time and significant fines. The definition of “a person” as used in this statute includes state or local police, campus police, conservation officers, sheriffs, constables, peace officers, firefighters, emergency medical personnel, or search and rescue teams.
Any resistance or opposition could result in criminal charges, and this legislation is by no means limited to physical assault on an officer. If you have been charged with resisting arrest, you need to contact a Michigan Criminal Defense Attorney now to discuss your case and work through the best legal actions you can take. Mr. Steinberg is always available 24/7 for clients, and can immediately begin working to protect your rights.
Michigan Firearm Laws 2018
Michigan Firearm Laws 2018 are somewhat complex… Here is a PDF that was recently compiled by the Legislative Service Bureau Pursuant to Act 381 of the Public Acts of 2000. This is current as of April 2018. Click on the image to view the PDF.
Michigan State Police Roadside Drug Testing
The Michigan State Police roadside drug testing has announced five counties where the testing pilot program will begin on Nov. 8. You can read more about it here: http://bit.ly/2z0NkDt
You do not have to submit to a saliva sample. It is a civil infraction. Michigan DREs are junk science.
Other than marijuana (see below for medical marijuana), prescription drug users MAY have a defense for operating with the presence of a controlled substance. There is a defense of therapeutic levels. That is the sample has a level consistent with that as prescribed by the doctor
TO MY MEDICAL MARIJUANA CLIENTS, I want to remind you that you are still permitted to operate a vehicle after you’ve consumed your medicine, provided YOU ARE A CARDHOLDER. The Michigan Supreme Court has ruled that the government must prove actual impairment for these class of drivers. A difficult task being there is no quantified level for THC also known as the therapeutic level which is considered acceptable. Patient a needs a different level of THC than Patient B. Along with many studies showing that THC does not impair driving.
When hiring a lawyer, for these cases, make sure they are plugged into the Defenses.
Fighting for one’s Fourth Amendment Rights
It’s been a spectacular few days at the Law Offices of Michael L. Steinberg in Fighting for one’s Fourth Amendment Rights.
The Court granted Defendant’s Motion to Quash the Information. Defendant was charged with Resisting and Obstructing a Police Officer. Part of that charge encompasses disobeying the lawful order of a police officer. Defendant has a common law right to resist an illegal arrest. The Fourth Amendment requires the police to have probable cause to arrest, defined as Criminal activity afoot or some very narrow grounds.
In the case, Mike Steinberg argued to the district court judge that a citizen can legally, loudly protest the towing of her friend’s car and not be subject to arrest. That there was nothing to investigate as the police agreed to the same That there was no valid exception to detain “to sort things out” The District Court Judge agreed that the defendant could protest, but nonetheless interfered with their duties. Mr. Steinberg filed an extensive brief on Fourth Amendment jurisdiction including some from our overseeing Federal Sixth Circuit Court of Appeals. In his brief, Mike Steinberg analyzed exceptions and argued why they did not apply. Mr. Steinberg thanks, Thomas Loeb for his immediate access and grasp of a very helpful Sixth Circuit case. The Circuit Court agreed with Steinberg’s analysis and GRANTED the Motion to Quash which extinguished the case. As my colleagues would report, getting such a result is very rare.
There are many choices for lawyers out there. To paraphrase my favorite coach Mark Dantonio. While some are talking about results, Michael L. Steinberg is getting them. Michael L Steinberg remains committed to fighting any case along with fighting for one’s Fourth Amendment rights.
Thoughts from the Trenches Officer Encounters
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This is not about the horrific officer encounters we have been seeing blanketing the television lately. This is more on the day to day traffic stops, requests for information, etc.
Sadly, the US Supreme Court recently ruled, in Utah v Strieff, that a police officer could stop a citizen to ascertain whether or not, they have a warrant for their arrest. Previously, a police officer had to have knowledge of the warrant.
http://www.cnn.com/2016/06/20/politics/sotomayor-supreme-court-dissent-utah-strieff/
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Based on this and other rulings, one may ask, in a lawyer’s opinion, how they should handle police encounters. I offer the following:
- Always have your identification documents, within reach. If you are in a car, know where the registration and proof of insurance is at all time. Attempt to have those documents available before the police officer makes contact with you. If the documents are in the glove box or console and the police officer is at the vehicle, inform he or she in an audible tone that you will be reaching for the documents.
- Be cordial to the police officer. If you are initially angry, or have asked tersely while you were stopped, apologize. Cordial demeanor can go a far war. Just today, I got several traffic misdemeanors dismissed because my client was polite to the police.
- Answer questions only in reference to the encounter. Volunteering information will only lead to further investigation.
- Avoid furtive gestures. While a police encounter may be nerve racking or anxious, gestures (fidgeting fumbling, etc) will invite a search of you or your vehicle.
- Please note that it is lawful for the police to order you out of a vehicle and pat you down for officer safety. It is also lawful for them to pat you down during an investigatory stop as described above. Be aware that the plain feel doctrine is established law Minnesota v Dickerson and People v Champion (MI Sup Ct). That means if a cop, by palpating a conceal item knows what it is, he can remove it from your pocket.
- Obey all lawful orders of the officer. Example keep your hands out in the open. Get down on the ground. Give me your documents. DEMANDING CONSENT TO SEARCH IS NOT A LAWFUL ORDER. Demanding an answer to a question that might incriminate you (do you have any drugs on you) is not a lawful order.
- While it is legal to resist an unlawful arrest, failure to obey the lawful order of a police officer can result in a felony charge of resisting and obstruction of a police officer.
Michael L. Steinberg is a 26 year veteran criminal defense lawyer. He answers his phone directly. You call no secretary. He is here to provide excellent defense in all criminal cases 24/7/365.
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