OUIL and refused a {\rtf1\ansi \deflang1033\deff0{\fonttbl{\f0\froman \fcharset0 \fprq2 Times New Roman;}{\f1\fswiss \fcharset0 \fprq2 Arial;}}{\colortbl;\red0\green0\blue0;}{\stylesheet{\fs20 \snext0 Normal;}{\s1 \qj\li720 Level 1;}{\*\cs2 \additive Insert Line;}{\s3 \qj\li360\ri360\sa110 \i\fs22 Quotes;}{\s4 \qj\li864 \'5f;}{\s5 \qj\sa66 \b\f1\fs22 Title;}{\s6 \qj\li360\ri360 \i\fs22 Quotation;}{\s7 \qj\li-1440 \'5f;}{\s8 \qj\li-1440 \'5f;}{\s9 \fs22 Body Text;}{\s10 \qj\li-1440 \'5f;}{\s11 Sem. Name;}{\s12 \qj\li360 Sem. Site;}{\s13 \qj\li720 \fs22 \'5f;}{\s14 \qj\li-1440 a, b, c,;}{\s15 \qj\li-1440 1, 2, 3,;}}\margl1080\margr1080\margt810\hyphhotz936\ftnbj\ftnrstpg\aftnnar\viewkind1 {\shp{\*\shpinst\shpwr3\shpwrk0\shpbypara\shptop280\shpbottom280\shpbxmargin\shpleft0\shpright10080{\sp{\sn lineWidth}{\sv 12192}}{\sp{\sn shapeType}{\sv 20}}}}\sectd \sbknone\headery810\footery1440\endnhere\endnhere\titlepg {\header \pard \sa110\tqr\tx10080 {\plain \fs22 Police Law Bulletin, Page 2\tab May, 2003{\*\bkmkstart 2}{\*\bkmkend 2}\par }\pard \sa110\tqr\tx10080 \par }{\*\pnseclvl1\pndec\pnstart1{\pntxta .}}{\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}}{\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl7\pndec\pnstart1{\pntxta .}}{\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl9\pnlcrm\pnstart1}\pard \qc\tqc\tx5040\tqr\tx10080 {\plain \b\fs28 POLICE LAW BULLETIN}{\plain \par}{\plain \fs16 Published by:}{\plain \fs28 \par}{\plain \fs22 Prosecuting Attorneys Coordinating Council\par}{\plain \fs22 Department of Attorney General}{\plain \fs28 \par}{\plain \fs20 116 W. Ottawa, Suite 200\par}{\plain \fs20 Lansing, MI 48913\par}{\plain \fs20 Telephone 517/334-6060 Fax: 517/334-6351}{\plain \fs28 \par}\pard \sa0\tqc\tx5040\tqr\tx10080 {\plain \fs22 \par}{\plain \fs22 Vol.{\*\bkmkstart 1}{\*\bkmkend 1} 19\tab May, 2003\tab No. 9{\*\bkmkstart 4}{\*\bkmkend 4}\par}\sect \sectd \sbknone\headery810\footery1440\cols2\endnhere\colno1\colw4680\colsr720\colno2\colw4680\endnhere\titlepg {\header \pard \sa110\tqr\tx10080 {\plain \fs22 Police Law Bulletin, Page 2\tab May, 2003{\*\bkmkstart 2}{\*\bkmkend 2}\par }\pard \sa110\tqr\tx10080 \par }{\*\pnseclvl1\pndec\pnstart1{\pntxta .}}{\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}}{\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl7\pndec\pnstart1{\pntxta .}}{\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl9\pnlcrm\pnstart1}\pard \qc\sa66\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 SEARCH AND SEIZURE}{\plain \fs22 \par}\pard \sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 Blood Taken by Search Warrant Doesn\'92t Have to Be Drawn under a Doctor\'92s Direction.}{\plain \par}{\plain \fs22 The defendant was arrested for OUIL and refused a chemical test. A search warrant was obtained, and the blood was withdrawn by a phlebotomist at a hospital. The defendant was convicted of OUIL 3}{\plain \super\fs22 rd}{\plain \fs22 offense, and on appeal claimed that the phlebotomist was not acting under the delegation of a physician as required by MCL 257.625a(6)(c).\par}{\plain \fs22 Judges Markey, Smolenski and Meter affirmed. They held that when a blood sample is taken pursuant to a search warrant, the implied consent statute doesn\'92t apply. Accordingly, it doesn\'92t matter whether the sample was taken under the delegation of a physician as required by MCL 257.625a(6)(c). They further held that the phlebotomist, in performing his assigned duties at the hospital, was delegated to take a blood sample without specific direction from a physician.\par}{\plain \fs22 On another issue, they held that using a 1993 impaired driving conviction to enhance the defendant\'92s current conviction was not an ex post facto law violation. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Callon,}{\plain \fs22 CA No. 234421, April 15, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 Consult Your Prosecutor Before Following Reports In This Newsletter.}{\plain \f1\fs22 \par}\pard \s9\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \fs22 Our reports of decisions from other states are to help you keep up with trends in the law. Even Michigan decisions may conflict with decisions of other Michigan courts. Discuss your practices which relate to these cases with your commanding officers, police legal advisors, and the prosecuting attorney, before changing your practices in reliance on a reported court decision or legislative change. Our editorial office welcomes your suggestions for improving this publication to serve you.}{\plain \b\fs22 \par}\pard \qc\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 GENERAL}{\plain \fs22 \par}\pard \sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 Police Cannot Be Ordered to run LEIN Histories for Defense Attorneys.}{\plain \par}{\plain \fs22 In a one paragraph order, the Michigan Supreme Court vacated the portion of the Court of Appeals decision in }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Elkhoja,}{\plain \fs22 CA No. 224126, which had upheld a trial court order to a police department to run LEIN histories on all of the prosecution\'92s witnesses. }{\plain \i\fs22 People}{\plain \fs22 v}{\plain \i\fs22 Elkhoja,}{\plain \fs22 MSC No. 122282, March 26, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 A Statement of False Facts Regarding an Actual Crime Constitutes Filing a False Police Report.}{\plain \par}{\plain \fs22 The defendant visited his source to purchase crack cocaine. He was assaulted, robbed and his car was taken from him. He called the police and reported that he was a victim of a carjacking. He lied about the location of the crime and the identity of his source because he didn\'92t want the police to know he was purchasing crack. The trial judge in a bench trial found him guilty of intentionally making}{\plain \i\fs22 \'93a false report of the commission of a crime\'94}{\plain \fs22 to a police officer under MCL 750.411a.\par}{\plain \fs22 The Court of Appeals reversed the defendant\'92s conviction, and held that the statute only applies when the defendant makes a false report of a crime, not a report with false details about the commission of an actual crime. The Michigan Supreme Court reversed the Court of Appeals and reinstated the defendant\'92s conviction. Six Justices held that the statute covers intentionally providing false details about the commission of a crime. Justice Kelly dissented. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Chavis,}{\plain \fs22 MSC No. 120112, April 9, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 \par}{\plain \b\f1\fs22 \par}{\plain \b\f1\fs22 \par}{\plain \b\f1\fs22 Counties Are Responsible for Transporting Mental Health Patients to and from Court Hearings.}{\plain \par}{\plain \fs22 Attorney General Cox was asked whether the local sheriff department or community mental health were responsible for transporting mental health patients between the hospital and court for civil commitment hearings. The Attorney General ruled that it is a county responsibility, and that community mental health is not required to reimburse the county for the cost of transport.\par}{\plain \fs22 On a related issue, the AG also ruled that when a police officer takes a mentally ill person into protective custody and transports them to a hospital, only the police officer can sign the petition for hospitalization. OAG No. 7127, April 7, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 A Firearm Stolen During a Home Invasion Will Support a Felony Firearm Charge.\par}{\plain \fs22 The defendant committed three home invasions, and during each home invasion, stole at least one shotgun. He was convicted of three counts each of 1}{\plain \super\fs22 st}{\plain \fs22 degree home invasion, felony firearm, and larceny of a firearm. He appealed, alleging that a weapon stolen during a home invasion was not carried or possessed during the commission of the home invasion, and therefore not within the felony firearm statute. He further argued that double jeopardy precluded being convicted of 1}{\plain \super\fs22 st}{\plain \fs22 degree home invasion and larceny of the property stolen during the home invasion.\par}{\plain \fs22 Judges Smolenski, Hoekstra and Fort Hood affirmed the defendant\'92s convictions. They held that because 1}{\plain \super\fs22 st}{\plain \fs22 degree home invasion is an offense that continues until the defendant leaves the home, that a firearm stolen from the home is possessed during the commission of the felony of home invasion. They further noted that the legislature specifically authorized multiple punishment for other crimes committed during a home invasion under MCL 750.110a(9), and therefore double jeopardy did not preclude convictions for home invasion and possession of the property stolen in the home invasion. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Shipley,}{\plain \fs22 CA No. 235564, April 24, 2003.}{\plain \fs22 \par}\column \pard \sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 CA Upholds State\'92s First RICO Convictions.}{\plain \par}{\plain \fs22 In the first reported decision under the state\'92s RICO statute, MCL 750.159i, Judges Kelly, Gribbs and White upheld the convictions of two leaders of the }{\plain \i\fs22 Spanish Cobras}{\plain \fs22 against several challenges regarding the admission of evidence under the RICO statute, and their sentences. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Gonzalez,}{\plain \fs22 CA No. 223401, April 8, 2003.\par}{\plain \b\f1\fs22 A Zero Tolerance Conviction Can Be Used to Enhance an OUIL 3}{\plain \b\super\f1\fs22 rd}{\plain \b\f1\fs22 Conviction.}{\plain \par}{\plain \fs22 The defendant\'92s OUIL 3}{\plain \super\fs22 rd}{\plain \fs22 charge was enhanced by a 1997 zero tolerance conviction and a 1998 Impaired driving conviction. Prior to October 1, 1999, neither a zero tolerance conviction, nor an impaired conviction, could be used to enhance an OUIL conviction. The trial judge held that it violated due process to use a zero tolerance conviction to enhance an OUIL conviction. Judges Meter, Cavanagh and Cooper}{\plain \fs22 reversed. They held that the legislature\'92s decision to allow zero tolerance convictions to be used to enhance OUIL convictions did not violate due process, and was not an ex post facto law. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Haynes,}{\plain \fs22 CA No. 244327, April 22, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 A Social Worker Who Fails to Report Child Abuse Can Lose Her Social Work License.}{\plain \par}{\plain \fs22 An administrative law judge (ALJ) found that the social worker had reasonable cause to suspect that her client was sexually abusing the client\'92s child. The ALJ further found that her failure to report the abuse constituted grounds for revoking her social work license. Judges Owens, Murphy and Cavanagh agreed. They upheld the ALJ\'92s decision that the social worker\'92s failure to report constituted both incompetence and gross negligence, and supported the revocation of her license. }{\plain \i\fs22 Becker-Witt }{\plain \fs22 v }{\plain \i\fs22 Board of Examiners of Social Workers, Department of Consumer and Industry Services,}{\plain \fs22 CA No. 226923, April 24, 2003.}{\plain \fs22 \par}{\shp{\*\shpinst\shpwr3\shpwrk0\shpbypara\shptop220\shpbottom220\shpbxmargin\shpleft0\shpright10080{\sp{\sn lineWidth}{\sv 12192}}{\sp{\sn shapeType}{\sv 20}}}}\pard \sb0\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \*\cs2\fs22 \par}\pard \qc\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \*\cs2\i\fs20 Printed in accordance with:\par}{\plain \*\cs2\i\fs20 1972 PA 203\par}{\plain \*\cs2\i\fs20 1797 copies printed\par}{\plain \*\cs2\i\fs20 Total cost $117\par}{\plain \*\cs2\i\fs20 Cost per copy $.06}}
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DUI / DWI, Drinking 
