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Thread: MSP LEIN COORDINATOR info needed.

  1. #1
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Exclamation MSP LEIN COORDINATOR info needed.

    A fellow OCer believes, they have been run illegally through the LEIN system by a local Police Chief. Does anyone have the contact info for the person at the MSP who handles LEIN abuse investigations / FOIAs?

    Thanks in advance for any help.

    - G9OS
    Last edited by Glock9mmOldStyle; 07-09-2012 at 12:35 AM.
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

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    Regular Member autosurgeon's Avatar
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    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    I tried that, never heard a word about it.

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    Campaign Veteran Glock9mmOldStyle's Avatar
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    Lightbulb

    Thanks Auto,

    If memory serves me correctly at one time we MOC, had the contact persons actual name and phone ext? Stainless1911 comment that the "generic line" goes unanswered has been heard before, and this is why I am looking for a specific point of contact on this issue. If what the member thinks happened did (which appears very possible at this point) someone needs to be held accountable.

    ACCESS TO THE LEIN

    Agencies wishing to obtain access to LEIN must submit a user agreement (CJIS-001),local agency security officer appointment form (CJIS-007), and a network diagram. The network diagram must depict the agency's network (including firewalls, routers, and switches), all connections to LEIN (present or desired), and any external entities which connect into the agency's network. These forms may be obtained by sending an email to Pam Cruz, LEIN Applications Analyst, at cruzpj@michigan.gov or by calling 517-241-0658. Questions regarding the network diagram and its requirements can be sent to Terri Smith, MSP Information Security Officer, at smithta@michigan.gov.

    PENALTIES FOR MISUSE

    Criminal penalties for the misuse of LEIN are provided in Section 4 of the LEIN Policy Council Act, MCL 28.214, which specifically states:

    For a first offense, guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
    For a second or subsequent offense, guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

    Use of driver information obtained thru LEIN is also prohibited by state and federal Driver Privacy Protection Acts:

    MCL 257.903 states: "a person who uses personal information for a purpose other than a permissible purpose in MCL 257.208c or 257.232 is guilty of a felony".
    18 USC 2724 permits a criminal fine and allows for civil action to be taken: "A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court."
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

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    I went with the email route. If you get something that works, I'll try it myself.

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    Regular Member DanM's Avatar
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    Quote Originally Posted by Glock9mmOldStyle View Post
    If memory serves me correctly at one time we MOC, had the contact persons actual name and phone ext?
    LEIN auditors oversee proper use of LEIN, and there's one in each region of the state. The document at the following link is somewhat old, but may be still useful. Look at the "New LEIN Field Services Section Contact Information" portion. Perhaps the auditor in the relevant region still works there, or you can call any of the several phone numbers (especially the Manager, LEIN Audit and Training Unit) and get to the right person.

    http://www.michigan.gov/documents/ms...9_278382_7.pdf
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    Liz Canfield
    LEIN Field Services
    Criminal Records Division
    Michigan State Police
    P.O. Box 30634
    Lansing, MI 48913
    Phone: 517-241-0639
    Cell: 517-749-2416
    Fax: 517-241-0865
    CanfieldE@michigan.gov
    Last edited by scot623; 07-09-2012 at 01:35 PM.

  8. #8
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by Glock9mmOldStyle View Post
    PENALTIES FOR MISUSE

    Criminal penalties for the misuse of LEIN are provided in Section 4 of the LEIN Policy Council Act, MCL 28.214, which specifically states:

    For a first offense, guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
    For a second or subsequent offense, guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

    Use of driver information obtained thru LEIN is also prohibited by state and federal Driver Privacy Protection Acts:

    MCL 257.903 states: "a person who uses personal information for a purpose other than a permissible purpose in MCL 257.208c or 257.232 is guilty of a felony".
    18 USC 2724 permits a criminal fine and allows for civil action to be taken: "A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court."
    I hate to say it, but I see a thin blue line striking out those penalties for LE. I understand what you are trying to do, but its hard to believe in this day and age that any DA, IA, Supervisor, or judge will charge any LEO for this. Until we get police on the same plain as us, and get the .gov to back us up, I dont see LE getting nabbed for this.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

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    Quote Originally Posted by Tucker6900 View Post
    I hate to say it, but I see a thin blue line striking out those penalties for LE. I understand what you are trying to do, but its hard to believe in this day and age that any DA, IA, Supervisor, or judge will charge any LEO for this. Until we get police on the same plain as us, and get the .gov to back us up, I dont see LE getting nabbed for this.
    Tucker,

    What you're saying is true but the problem of proving the missuse is very hard. I've seen some miss use of the LIEN system in the past but nobody is ever able to prove to a judge it was actually misue. It's very easy for officers to show reason but for civilians it's very hard to prove misuse. I've only seen a small few times where action was taken by the court for its misuse.

    Mike

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    Regular Member Michigander's Avatar
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    The trick is to get a video recorded instance where they have neither permission, a warrant nor RAS, and take your ID, then run it and make a comment about it.

    Provided you can prove the stop was unlawful from the beginning, and show proof of the LEIN access, you'll have them.

    What I'm not saying is that you'll for sure have the MSP going along with it. If the MSP doesn't get back to you with actions they'll be taking as a result of your complaint, it becomes time to complain to the Director of the MSP about the MSP officer's failure to do their jobs, complete with a case file of your entire complaint and all evidence you have, including all names, dates, times, and every other detail involving the MSP and the agency you're complaining about. I would suggest doing this quietly, and in a respectful, non hostile manner, just with a request that it get taken care of with as little additional commotion as possible.

    If all this fails, think press release.

    The MSP is among the best law enforcement agencies in this state. Though they have shown their flaws to an abnormal extent to this community, they have also helped us more than any other agency I can think of, apart from perhaps the OCSD after the 09 Boston Market incident. So, I would suggest treating them as they tend to treat others, professionally and respectfully, and give them the benefit of the doubt unless they completely and utterly fail to do their jobs.
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    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Quote Originally Posted by Michigander View Post
    The trick is to get a video recorded instance where they have neither permission, a warrant nor RAS, and take your ID, then run it and make a comment about it.

    Provided you can prove the stop was unlawful from the beginning, and show proof of the LEIN access, you'll have them.

    .

    I had audio and that wasn't good enough. As well as a "fudged" police report.

    I haven't given up on it yet either.
    Last edited by stainless1911; 07-09-2012 at 03:15 PM.

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    Regular Member dougwg's Avatar
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    PENALTIES FOR MISUSE

    Criminal penalties for the misuse of LEIN are provided in Section 4 of the LEIN Policy Council Act, MCL 28.214, which specifically states:

    For a first offense, guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
    For a second or subsequent offense, guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

    Use of driver information obtained thru LEIN is also prohibited by state and federal Driver Privacy Protection Acts:

    MCL 257.903 states: "a person who uses personal information for a purpose other than a permissible purpose in MCL 257.208c or 257.232 is guilty of a felony".
    18 USC 2724 permits a criminal fine and allows for civil action to be taken: "A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court."

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    thin blue line

    I see what you did there.

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