MOUNT CLEMENS, MI – On June 12th, 2020, the Macomb County Sheriff’s Office was requested to conduct an independent investigation by the Warren Police Department.
On June 9th, a Warren Police Officer made an arrest of an Amazon delivery driver. Warren Police requested that the Macomb County Sheriff’s Office complete an investigation to determine if the officer who made the arrest took any actions that arose to a criminal level. The Warren Police Department also requested that the Macomb County Sheriff’s Office complete a policy review of several general orders to determine if the officer violated their policy.
On June 9th, a Warren Police Officer assigned to the Motor Traffic Unit (motorcycle) observed a traffic violation. An “Enterprise” rental van was parked illegally with left wheels to curb. The vehicle is running with a male driver standing outside the vehicle. The male driver works for Amazon and is delivering packages. The officer approached the driver on his motorcycle and informed him of the violation. The driver did not correct the violation and continued to deliver packages. The officer dismounts his motorcycle and requests the driver’s license. The driver begins to argue with the officer and the officer makes several more requests for his license.
The driver does not comply with the officer’s requests and the officer attempts to place the driver under arrest. The driver spins away from the officer and a struggle ensues. The officer continues to give the driver commands to comply. The officer secures the driver and requests a patrol car to transport the driver. The driver is transported to the Warren Police Department to be processed.
Review of video footage shows the officer gave the driver 10 requests for his license and 10 commands to place his hands behind his back. Review of video footage confirmed the driver’s vehicle was parked in violation of Michigan law: 257.675 Stopping, standing, or parking of vehicle; requirement; signs; traffic control orders as rules; hearing; use of windshield placard by disabled person; courtesy required; free parking sticker; display; confiscation; false statement, deception, or fraud as misdemeanor; penalty; violation as civil infraction; cancellation, revocation, or suspension; driver, chauffeur’s, or state personal identification card number; signature of physician, physician assistant, certified nurse practitioner, or physical therapist; third party reimbursement or worker’s compensation; “disabled person” defined.
(1) Except as otherwise provided in this section and this chapter, a vehicle stopped or parked upon a highway or street shall be stopped or parked with
the wheels of the vehicle parallel to the roadway and within 12 inches of any curb existing at the right of the vehicle.
Under Michigan law a licensee shall display their operator’s license on demand of any police officer. A review of the information provided shows the officer requested the driver provide his driver’s license 10 times. 257.311 Possession of operators or chauffeur’s license or receipt when operating motor vehicle required; display; identification. Sec. 311 The licensee shall have his or her operator’s or chauffeur’s license, or the receipt described in section 311a, in his or her immediate possession at all times when operating a motor vehicle, and shall display the same upon demand of any police officer, who shall identify himself or herself as such.
Michigan law states that a person shall not obstruct or endanger an officer enforcing the law. The driver resisted the officer’s attempts to place the driver under arrest for the initial misdemeanor violation of failing to display a valid operator’s license. The driver was given 10 commands to place his hands behind his back which he failed to do. The driver attempted to pull away from the officer as he was attempting to place him under arrest and in handcuffs.
Michigan law states: 750.479 Resisting or obstructing officer in discharge of duty; penalty; definitions. Sec. 479. (1) A person shall not knowingly and willfully do any of the following: (a) Assault, batter, wound, obstruct, or endanger a medical examiner, township treasurer, judge, magistrate, probation officer, parole officer, prosecutor, city attorney, court employee, court officer, or other officer or duly authorized person serving or attempting to serve or execute any process, rule or order made or issued by lawful authority or otherwise acting in the performance of his or her duties. (b) Assault, batter, wound, obstruct, or endanger an officer enforcing an ordinance, law, rule, order, or resolution of the common council or a city board of trustees, the common council or village council of an incorporated village, or a township board of a township.
After thorough review of this incident, including reports, video/audio, interviews, photographs, etc., and a meeting with the Macomb County Prosecutor’s Office, we have determined the officer’s actions did not violate Michigan criminal law. A policy review was also completed to determine if the officer violated any policy of the Warren Police Department. The Macomb County Sheriff’s Office was provided with Warren Police Department policies on “Duties – Police Officer”, “Personnel conduct/Rules & Regulations”, “Arrest Procedures”, and “Non-Lethal Force”. A review was completed and the officer was found in compliance and no policy violations were noted.
The Macomb County Sheriff’s Office investigation is closed.
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