imported post
Here is a rough draft of the complaint:
Col. Peter C. Munoz, Director, Michigan State Police
Cc: :Attorney General Mike Cox, Shanon Akans, MSP Public Affairs, Senator Judson Gilbert, Representative Kevin Daley
June 30, 2010
To Whom It May Concern:
I, xxx, would like to file a complaint in regards to an encounter that took place on May 14 at approximately 1200 (noon) in the area of 1073 Tobias road in Clio (Vienna twp).
xxx, after being assaulted and battered, his person was then unreasonably and unlawfully seized, was detained illegally, by Michigan State Trooper Marc Shore. Trooper Shore then violated Mr. xxx’s fourth amendment rights by demanding that Mr. xxx produce Identification and with his illegal detention, search, and seizure of Mr xxx and his property without any reasonable suspicion.
Trooper Shore also illegally seized Mr. xxx’s voice recorder and attempted to tamper with evidence by attempting to delete the recording of the encounter. The recording was not deleted simply because the keys on the recording device were “locked” preventing the buttons from functioning.
Mr. xxx was not charged or convicted of any criminal law violation as a result of this incident. Mr. xxx arrived on May 14, 2010 at approximately ten o’clock am at an outdoor auction open to the public on Tobias Road.
Mr. xxx was physically forced to turn around and stand facing a police car while he was searched by Trooper Shore.
Mr. xxx at no time resisted arrest.
Trooper Shore illegally confiscated Mr. xxx property. Trooper Shore had no cause or justification to do so.
Trooper Shore then unlawfully seized Mr. xxx’s person without probable cause to believe a crime occurred and falsely imprisoned Mr. xxx inside a Michigan State Police vehicle for approximately 20 minutes.
Mr. xxx, aware of this unlawful search and seizure, informed the officer that the officer’s conduct was improper.
Mr. xxx verbally indicated he did not consent to any searches or seizures .
Trooper Shore continued with the unlawful confinement of Mr. xxx until Mr xxx complied with Trooper Shores Illegal Demand to produce identifying papers.
Near the end of the encounter, after Trooper Shore had returned Mr. xxx’s identifying papers and pistol, Trooper Shore then confiscated Mr. xxx’s voice recorder and began pushing buttons in an attempt to delete the recording of the encounter. Mr. xxx insisted that Trooper Shore not delete the recording and Mr. xxx exclaimed that deleting the recording would be criminal. The confiscation of the recorder took place outside of the police car, in front of a crowd of people. After Mr. xxx’s pleading, Trooper Shore returned the voice recorder, only after pushing several buttons in an attempt to delete the data.
Trooper Shore lacked legal authority to search, seize, detain, confine, and deprive Mr xxx of his liberty.
Trooper Shore lacked the legal authority to seize and attempt to delete the data contained on Mr. xxx’s voice recorder.
Trooper Shore also wrote down the serial number of Mr xxx’s pistol in the Trooper’s notebook, even after Mr xxx objected to any searches or seizures, including running the serial number on said pistol through LEIN.
A Freedom of Information Act request was filed with Michigan State Police. All information regarding the interaction was requested, including but not limited to: Dash camera video/audio, police reports, records of access to the LEIN system involving Mr xxx and his pistol. The FOIA request was denied on the grounds that “… the requested public records do not exist within the Department. “
Enclosed is a compact disk that contains a copy of the audio recorded by Mr. Harrison during the encounter with Trooper Shore.
I expect a timely investigation and suitable resolution to the complaint. Please contact me with any further questions you may have.
Sincerely:
Mr XXX
