ta,chigan STATE POLICe"

Legal Aspects ta,chigan STATE POLICe" PLACES OF WORSHIP SECURITY SEMINAR APRIL 12, 2010 MICHIGAN STATE POLICE TRAINING ACADEMY

Legal Issues for Security at Places of Worship Michigan State Police Training Academy April 12, 2010 Outline designed to review laws pertaining to legal issues for security at places of worship. Topics include citizen arrest authority, firearms violations, concealed pistols licenses, child protections laws, domestic violence, trespass, and other selected criminal laws. Legal Issues for Security at Places of Worship by, F/Lt. Dave Greydanus, JD greydad@michigan.gov

ARREST AUTHORITY Private Person's Authority to Arrest - MCL 764.16.:. A private person may make an arrest under the following circumstances: ~ Felony committed in his or her presence. ~ The suspect committed a felony, although not in the person's presence. ~ When summoned by a peace officer to assist in making an arrest. ~ If the private person is a merchant, is employed by a merchant or works security for a merchant, and has reasonable cause to believe the person to be arrested violated 750.356c or 750.356d, regardless of whether it was committed in the presence of the private person. (retail fraud).:. Responsibility after arrest - MCL 764.14 ~ A private person, who has made an arrest, shall, without unnecessary delay, deliver the person arrested to a peace officer. The officer shall, without unnecessary delay, take that person before a magistrate of the judicial district in which the offense charged is alleged to have been committed. The peace officer or private person shall present to the magistrate a complaint stating the charge against the person arrested. If arrested by a private person, the person arrested must be delivered to a peace officer..:. Case Law ~ Bail bondsmen are considered private citizens and can be held liable for making an arrest of a subject listed on a warrant who was not the actual person who had committed the crime. The person they arrested had not actually committed a felony. Bright v Ailshie, 465 Mich. 770 (2002). :. Police Officer Authority ~ Three levels of contacts between police and citizens, Voluntary - Where no level of suspicion is needed. Investigatory Detention - Officer has reasonable suspicion that a crime is "afoot" based on articulable and objectively reasonable facts and circumstances. Pagel

Arrests - Officer has probable cause to believe a crime has occurred and that the person being arrested committed the crime. Police have probable cause to arrest an individual when the facts and circumstances within their knowledge and of which they have reasonably trustworthy information are sufficient to warrant a prudent person in believing that the suspect had committed or was committing an offense. :. The Self-Defense Act - MCL 780.971 - MCL 780.974 ~ Using force A person may use deadly force with no duty to retreat if all of the following conditions exist: The person is not engaged in a crime. The person is in a place they have a legal right to be. The person honestly and reasonably believes deadly force is necessary. The deadly force is used to prevent imminent death, great bodily harm, or sexual assault of the person using force or another person. A person may use force other than deadly force if all of the following conditions exist: The person is not engaged in a crime. The person is in a place they have a legal right to be. The person honestly and reasonably believes force is necessary. The force is used to prevent imminent unlawful force against the person using force or another person. LA WS REGARDING FIREARMS Carrying a Concealed Weapon - MCL 750.227 (Felony).:. Pistol on a person ~ The suspect knowingly carried a pistol that was concealed on or about his person. For CCW, complete invisibility is not required. The weapon is concealed if it is not observed by those casually observing the suspect as people do in the ordinary and usual associations of life. People v Reynolds, 38 Mich. App. 159 (1970). The carrying of a pistol in a holster or belt outside the clothing is not CCW. Page 2

:. Pistol in a vehicle However, carrying under a coat would constitute a violation. Op Atty Gen 1945,0-3158. ~ The pistol was in a vehicle that the suspect was in and he knew or was aware that the pistol was there. :. CCW charges do not apply: (MCL 750.231) ~ A police officer of a duly authorized police agency of the United States, of this state, or of any political subdivision of this state, who is regularly employed and paid by the United States, this state, or a political subdivision of this state. :. Concealed Pistol License - CPL ~ A person may apply for a license to carry a pistol concealed on his or her person. MCL 28.425 ~ Under MCL 28.4250 a person with a CPL may not carry a pistol in a pistol free zone, which includes any of the following premises: Schools or school property, except a parent or legal guardian who is dropping off or picking child up and pistol is kept in the vehicle. Public or private day care center. Sports arena or stadium. Establishments where liquor by the glass is the primary source of income. Other establishments that serve alcohol can post a sign prohibiting concealed weapons. MCL 28.4250(1)(d). Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless authorized by the presiding official. An entertainment facility that has a seating capacity of 2,500 or more. A hospital. A dormitory or classroom of a community college, college, or university. A casino. ~ "Premises" does not include parking areas. MCL 28.4250(3). Prohibited Places to Possess a Firearm - MCL 750.234d (90 day misdemeanor) Page 3

.:. A person is prohibited from possessing a firearm in the following places: ~ A bank. ~ A church or other place of religious worship. ~ A court. ~ A theatre. ~ A sports arena. ~ A daycare center. ~ A hospital. ~ A place licensed under LCe..:. This section does not apply to the following persons: ~ A person hired as security. ~ A peace officer. ~ A person with a valid CCW permit ~ A person with permission of the owner or agent of the owner. LA WS REGARDING CHILD ABUSE Child Abuse.:. Definitions ~ Child - Less than 18 years old ~ Suspect A parent or guardian of the child A person who has care, custody, or authority over the child.:. First degree - MCL 7S0.136b(2) (felony) ~ Suspect knowingly or intentionally cause serious physical or mental harm. :. Second Degree - MCL 7S0.136b(3) (felony) ~ Suspect did one of the following: A reckless act or omission that caused serious physical or mental harm.... Page4

Knowingly or intentionally committing an act likely to cause serious physical harm or mental harm to a child, regardless of whether the harm results. Knowingly or intentionally committing an act that is cruel to a child, regardless of whether the harm results. :. Third Degree - MCL 750.136b(5) (felony) ~ Suspect did one of the following: Suspect either knowingly or intentionally caused physical injury to a child. The person knowingly or intentionally commits an act that poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child. Third degree child abuse occurred where the mother knew the child's susceptibility to bruising and still spanked her with enough force to dislodge a blood clot in her nose and cause substantial bruising. People v Sherman-Huffman, 466 Mich 39 (2002). :. Fourth Degree - MCL 750.136b(7) (1 year misdemeanor) ~ Suspect did one of the following: Suspect's omission or reckless act caused physical harm to a child. The person knowingly or intentionally commits an act that poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.:. Parental Discipline ~ Reasonable parental discipline is not against the law including reasonable force. Blood blisters, bruises, and a hand-shaped welt on the side of a child's face that was still visible a week after the incident was not reasonable discipline. People v Gregg, 206 Mich App 208 (1994). Leaving Child in Vehicle - MCL 750.135a.:. A person who is responsible for the care or welfare of a child shall not leave that child unattended in a vehicle for a period of time that poses an unreasonable risk of harm or injury to the child or under circumstances that pose an unreasonable risk of harm or injury to the child. I Results in no harm to the child 93 day misdemeanor... Page 5

Results in physical harm other than serious physical harm 1 year misdemeanor Results in serious physical harm to the child 10 year felony Results in death of the child 15 year felony Requirements to report suspected Child Abuse or Neglect - MCL 722.623(1). :. An individual is required to report under this act as follows: ~ A physician, dentist, physician's assistant, registered dental hygienist, medical examiner, nurse, person licensed to provide emergency medical care, audiologist, psychologist, marriage and family therapist, licensed professional counselor, social worker, licensed master's social worker, licensed bachelor's social worker, registered social service technician, social service technician, a person employed in a professional capacity in any office of the friend of the court, school administrator, school counselor or teacher, law enforcement officer, member of the clergy, or regulated child care provider who has; ~ Reasonable cause to suspect child abuse or neglect; ~ Shall make immediately, by telephone or otherwise, an oral report, or cause an oral report to be made, of the suspected child abuse or neglect to the department. ~ Within 72 hours after making the oral report, the reporting person shall file a written report as required in this act. ~ Failure to report - MCL 722.633 A person who is required by this act to report an instance of suspected child abuse or neglect and who fails to do so is civilly liable for the damages proximately caused by the failure. A person who is required by this act to report an instance of suspected child abuse or neglect and who knowingly fails to do so is guilty of a 93 day misdemeanor. A person who intentionally makes a false report of child abuse or neglect under this act knowing that the report is false is guilty of a crime as follows: If the child abuse or neglect reported would not constitute a crime or would constitute a misdemeanor if the report were true, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both. If the child abuse or neglect reported would constitute a felony if the report were true, the person is guilty of a felony Page 6

DOMESTIC VIOLENCE.:. MCL 764.15a authorizes a peace officer to make an arrest if he or she has reasonable cause to believe or receives positive information that another officer has reasonable cause to believe both of the following: ~ That an assault, assault and battery or aggravated assault has taken place or is taking place, and ~ That the individual being arrested: Is a spouse or former spouse of the victim, Resides or has resided in the same household as the victim, or Has had a child in common with the victim. Has or has had a dating relationship with the victim. -(~ ~ A "dating relationship" is defined as frequent, intimate associations ~. primarily characterized by the expectation of affectional involvement. -.~ This term does not include a casual relationship or an ordinary I>- ~.P fraternization between two individuals in a business or social context. ~ The officer may make this arrest without a warrant whether or not the offense was committed in the officer's presence. Officers should not arrest an individual if the officer has reasonable cause to believe the individual was acting in lawful self-defense or in the defense of another. ~ If an arrest is made, the officer may become the complainant under MCL 764.1a which allows a magistrate to accept complaints of assault, assault and battery or aggravated assault on a domestic victim where the complaint is signed on information and belief by individuals other than the victim. :. Assault - MCL 750.81 (93 day misdemeanor) ~ Includes the following: Suspect either attempted to commit a battery, or did an illegal act that caused the victim to reasonably fear an immediate battery. Defendant intended to commit a battery, or to make the victim reasonably fear an immediate battery. - t;'\,.,;...o ~ ~ ~ ~ ~ ~ ~1 Q..,..,..:f :w'jj. ~ ~ ~ ~~~~7~~

Defendant, at the time, had the ability, appeared to have the ability, or thought he had the ability. :. Assault and Battery - MCL 750.81 (93 day misdemeanor) ~ Includes the following: Defendant committed a forceful battery. The defendant intended either to commit the battery, or make the victim reasonably fear a battery. Battery is a forceful, violent, or offensive touching of the person or something closely connected with the victim. The touching must not be accidental and must be against the victim's will. Injury is not required. CJI2d 17.2.:. Aggravated Assault - MCL 750.81a (1 year misdemeanor) ~ Assault and battery ~ Physical injury that requires immediate medical attention or that causes disfigurement or impairment. CJI2d 17.6.:. PPOs P e. -(' s 0"" v.. \ P t,,"\ e. (..\ l 0"... L> r J. e c. -r l-c-e, Pi!<f vj d\ ~\.--.,,-> vp ~ PPOs are issued by circuit court. "" I' c,"t \'.-... \) e ~\ ~ v..j he...~ se-..-f<f!.- T'h~ (.,,,,-,",V(..\...-. ~ A PPO may specifically restrain or enjoin an individual from committing any of the following: Entering onto certain premises. Assaulting, attacking, beating, molesting, or wounding a named individual. Threatening to kill or physically injure a named individual. Removing minor children from the individual having legal custody of the children, except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction. Purchasing or possessing a firearm. Interfering with petitioner's efforts to remove petitioner's children or personal property from premises that are solely owned or leased by the individual to be restrained or enjoined. PageS

Interfering with petitioner at petitioner's place of employment or education or engaging in conduct that impairs petitioner's employment or educational relationship or environment. Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner's minor child or about petitioner's employment address. Engaging in conduct that is prohibited under the stalking statutes, MCL 750.411h and 750.41li. Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence. ~ For an arrest, the PPO must state on its face that a violation subjects the individual to immediate arrest and criminal contempt of court and if found guilty, shall be imprisoned for not more than 93 days or fined not more than $500.00. A police officer may arrest and take a person into custody when the officer has reasonable cause to believe, or receives positive information that another officer has reasonable cause to believe, that a valid PPO has been violated. ~ The circuit court where the violation occurred will have jurisdiction. :. Misdemeanor Stalking - MCL 7S0.411h (1 year Misdemeanor) ~ Two or more willful, separate and noncontinuous acts of unconsented contact with the victim. The contacts would cause a reasonable individual to feel terrorized, frighten, intimidated, threatened, harassed and molested and caused the victim to feel terrorized, frighten, intimidated, threatened, harassed and molested. ~ Examples include the following: Following or appearing within sight of the victim. Approaching or confronting the person in public or private. Appearing at the workplace or residence of the victim. Entering upon the property of the victim. Contacting the victim by telephone. Sending mail or email. Placing an object or delivering an object to property owned or leased by the victim. :. Aggravated Stalking - MCL 7S0.411i (felony) ~ For aggravated stalking, the elements for misdemeanor stalking must occur, Page 9

v..j: A", tire-. I('e,.. ~b"'h.<" including one of the following:,hf.. P v t cr tr-«ote"'-;..a I 0-""" 0-." +«-0.s ",{-c.."t, \...-c..-r Suspect had a previous stalking conviction. I O f h. I' f d ~.o ""'(.. ne 0 t e acts was a VIO ation 0 court or er..., -----' ~ f 0 oj ~ ~ vv "'~. "T -c... One of the threats involved a credible threat against: ~ b "..l I( vj \ T '-... Victim. A member of the victim's family. Someone in victim's household. SELECTED CRIMES Co--t..~ -;h~ K i J.> ",f,t..r' '" I'l-~ 0+ A b ~~ Ir\ c..~) ',0 v V'V' "'.., ~v-<... e- p Ol~ '" "\ \A \,J.':) e ~. ~(. \I i i) I 0(. "" l e,.s IT" '"r, 0_ C, 0.,..,...~ e; ~ Definition - CJI2d 31.2 Willfully or maliciously, without just cause or excuse, starting a fire or doing anything that could result in the starting of a fire. The property does not have to be completely burned, but there must be charring. Mere blackening by smoke is not enough. A person can be charged with arson for burning his or her own property. Arson of real property = felony.:. Band E - MCL 750.110 (felony) ~ A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car is guilty of a felony, punishable by imprisonment for not more than 10 years. Breaking - Some force must have been used regardless if anything was actually broken. Examples include opening a closed door, raising a window or removing a screen. Entering - Any part of the suspect's body into the building is sufficient. Intent - At the time, the suspect had the intent to commit a felony or larceny therein. :. Band E / Unlawful Entry - MCL 750.115 (90 day misdemeanor) ~ Any person who shall break and enter, or shall enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building,..., whether occupied or unoccupied, without first obtaining... Page 10

:. Larceny permission to enter from the owner or occupant, agent, or person having immediate control thereof, shall be guilty of a misdemeanor. Provided, That this section shall not apply to entering without breaking, any place which at the time of such entry was open to the public, unless such entry has been expressly denied. ~ Larceny is the taking of another's property with the intent to steal or permanently deprive. For larceny there has to be some movement of the property. It does not matter if the suspect actually kept the property or that the property was taken off the premises as long as the intent to permanently deprive can be proven. CJI2d 23.1. ~ Penalties: Less than $200 $200 to less than $1,000 or less than $200, if previously convicted $1,000 to less than $20,000 or $200 to less than $1,000, if previously convicted Over $20,000 or $1,000 to less than $20,000 if, previously convicted twice 93 day misdemeanor 1 year misdemeanor 5 year felony 10 year felony ~ If separate incidents, but part of common scheme or plan, the total amount can be aggregated over 12-month period for total..:. Larceny in a Building - MCL 750.360 (felony) ~ Any person who shall commit the crime of larceny by stealing in any dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room or any building used by the public shall be guilty of a felony. ~ Includes the same elements as larceny with the added element that the property be in a building. The value of the property is not an issue under this statute. :. Larceny from a motor vehicle - MCL 750.356a ~ The suspect commits one of the following: Steals a wheel, tire, air bag, radio, stereo, clock, telephone, computer, or other electronic device from motor vehicle, house trailer, trailer or semi trailer = 5 year felony Damage - if causes damage to vehicle while trying to steal less than $1,000 = 5 year felony Page 11

Other property - breaking or entering a vehicle and steals property with one of the following dollar amounts: ~ Penalties: Less than $200 $200 to less than $1,000 or less than $200, if previously convicted $1,000 to less than $20,000 or $200 to less than $1,000, if previously convicted Over $20,000 or $1,000 to less than $20,000 if, previously convicted twice 93 day misdemeanor 1 year misdemeanor 5 year felony 10 year felony.:. Malicious Destruction of Property - MCL 750.377a ~ For MDOP, the property must belong to someone other than the suspect. This section applies to movable personal property. The suspect willfully and maliciously, without just cause or excuse, destroyed or damaged the property. If separate incidents, but part of common scheme or plan, the total amount can be aggregated over a 12-month period. CJI2d 32.2 ~ Penalties: Less than $200 damage $200 to less than $1,000 or less than $200, if previously convicted $1,000 to less than $20,000 or $200 to less than $1,000, if previously convicted Over $20,000 or $1,000 to less than $20,000, if previously convicted twice 93 day misdemeanor 1 year misdemeanor 5 year felony 10 year felony.:. Trespass - MCL 750.552 (30 day misdemeanor) ~ Any person who shall willfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of a 30 day misdemeanor. ~ Suspect willfully entered upon the land of another after having been forbidden to do so, or was on the premises of another, and after being notified to depart, refused to do so.. Page 12