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

I tried that, never heard a word about it.

autosurgeon said:

http://www.michigan.gov/msp/0,4643,7-123-1589_1878_8311-16246--,00.html

Click to expand...

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."

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

Glock9mmOldStyle said:

If memory serves me correctly at one time we MOC, had the contact persons actual name and phone ext?

Click to expand...

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/msp/RapSheet_MarApr09_278382_7.pdf

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

Glock9mmOldStyle said:

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."

Click to expand...

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.

Tucker6900 said:

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.

Click to expand...

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

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.

Michigander said:

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.

.

Click to expand...

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.

PENALTIES FOR MISUSE

[strike]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."[/strike]

thin blue line

I see what you did there. :dude: