Any Lawyers In The House?

[freemannabis]

Any attorney's in The House?

 

If so, can you, with any "force of Law," say whether or not if ANY Michigan Prosecuting Attorney (even the Attorney General) is "lawfully" able to be involved in the initial "Criminal Investigation" of a "crime suspect"?

 

Sounds to me like such "questionable practices" would be over-ripe for a "set-up" for "entrapment," wouldn't you say?

 

I believe it is at least blatant malfeasance of "public office" for any county Prosecutor to be active in establishing the [alleged] initial "evidence" to be used to secure a search and/or arrest warrant authorized by the same office of Prosecuting Attorney; Is this true, or not true, according to Michigan Law?

 

Thanks, for any input.

 

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[Guest Happy Guy]

From a lawyer;

http://www.doublex.com/blog/xxfactor/even-worst-prosecutors-cant-be-sued%E2%80%94and-thats-way-it-has-be

 

 

 

Lawyers for Terry Harrison have argued that although it's long been clear that prosecutors cannot be sued for doing their job—for actually prosecuting a defendant for a crime—there is no immunity for investigative activity. Harrison claims he can sue his prosecutors for their participation in what was at best a botched investigation and at worst an outright conspiracy to arrest the wrong person for the crime. In other words, he's not suing them for prosecuting his trial, he's suing them for helping to put him in a position to be tried in the first place.

[freemannabis]

From a lawyer;

http://www.doublex.com/blog/xxfactor/even-worst-prosecutors-cant-be-sued%E2%80%94and-thats-way-it-has-be

 

 

 

Lawyers for Terry Harrison have argued that although it's long been clear that prosecutors cannot be sued for doing their job—for actually prosecuting a defendant for a crime—there is no immunity for investigative activity. Harrison claims he can sue his prosecutors for their participation in what was at best a botched investigation and at worst an outright conspiracy to arrest the wrong person for the crime. In other words, he's not suing them for prosecuting his trial, he's suing them for helping to put him in a position to be tried in the first place.

 

Thanks, HG.

 

Interesting article; Especially this part:

 

" ... to allow him to sue the prosecutors in his case for investigative activity would have one simple, immediate result across the country: no more prosecutors involved in investigating crimes. If prosecutors (lawyers all) can be sued only for activity that takes place before an indictment, then they simply won't get involved before an indictment—and that's not a good thing."

 

Whether a "good thing" or a "bad thing," I'm certain there are more than a few of Michigan's resident-patient-citizens who would be much more than just a little bit okay with that.

 

: }

 

Be FREE!

[DenturesLost]

Prosecutor's and police are part of the executive branch of government. Recall from your schoolhouse rock days that this means, in simplest terms, they carry out the laws. Prosecutors are routinely part of criminal investigations. It is likely that if there is a big crime, such as murder, committed then a prosecutor is on the scene ASAP with the police. This is routine practice to guide in the preservation of evidence, etc.

 

Some prosecutors' offices have their own investigative officers whose job it is to investigate as does a detective. That is common in larger offices. In fact, the attorney general's office has many full-time investigators.

 

So, to answer your question, it is legal and routine for prosecutors to be involved in investigations.

 

I don't quite understand how you think entrapment is more of an issue with a prosecutor involved than without. I would guess that it is less likely. A prosecutor will advise the police as to whether something potentially IS entrapment. A prosecutor wants a soild case to be able to bargain with the defendant. They have an inherent interest in seeing things go right and legally.

[freemannabis]

Prosecutor's and police are part of the executive branch of government. Recall from your schoolhouse rock days that this means, in simplest terms, they carry out the laws. Prosecutors are routinely part of criminal investigations. It is likely that if there is a big crime, such as murder, committed then a prosecutor is on the scene ASAP with the police. This is routine practice to guide in the preservation of evidence, etc.

 

Some prosecutors' offices have their own investigative officers whose job it is to investigate as does a detective. That is common in larger offices. In fact, the attorney general's office has many full-time investigators.

 

So, to answer your question, it is legal and routine for prosecutors to be involved in investigations.

 

I don't quite understand how you think entrapment is more of an issue with a prosecutor involved than without. I would guess that it is less likely. A prosecutor will advise the police as to whether something potentially IS entrapment. A prosecutor wants a soild case to be able to bargain with the defendant. They have an inherent interest in seeing things go right and legally.

 

And, here I thought you might be the first to respond .... silly me.

 

: ]

 

I am still looking to know whether or not it has been "lawfully" established how it is "justifiable" or ethical for a prosecuting attorney to [allegedly] help to instruct the "investigating" police agency to falsify State documents soley to help charge and arrest Michigan "Medical Marihuana" patients?

 

How is it "legal" or "lawful," in any way, shape or form, for an Oakland County Prosecuting Attorney to show a Sherrif, Sherrif Deputy, or any other police agent, how to forge a "Medical Marihuana" registration card, let alone participate in and condone the deliberate forgery of a Michigan State ID, if this is indeed the case, purely to entice a criminal action?

 

Can you provide a link to the "official Duties" and "responsibilities" of a Michigan Prosecutor?

 

Try as I have, I haven't yet been able to pin down any definite "lawful" or "legal" answer to this important topic in any listings under MCR and MRPC?

 

http://coa.courts.mi.gov/rules/

 

http://www.michbar.org/generalinfo/pdfs/mrpc.pdf'>http://www.michbar.org/generalinfo/pdfs/mrpc.pdf

 

Or here:

 

http://www.michbar.org/

 

Thanks, DL, for any help you may be able to provide.

 

FREE YOUR MIND.

 

HARVEST The CURE!

[DenturesLost]

A Michigan prosecutor derives authority from the Michigan Constitution and from Michigan statutes. Generally the prosecutor has broad discretion to investigate crimes. I know you want to be pointed to a particular source but I don't have that at my fingertips. If you do some looking you'll find that I am correct. If I get the chance I'll look it up later.

[Bisharoo]

Where in the constitution does it say that a prosecutor may destroy the lives of people (who have not infringed on the rights of others) and rule over them without their consent (tyranny)? Can't seem to find that one either.

[freemannabis]

A Michigan prosecutor derives authority from the Michigan Constitution and from Michigan statutes. Generally the prosecutor has broad discretion to investigate crimes. I know you want to be pointed to a particular source but I don't have that at my fingertips. If you do some looking you'll find that I am correct. If I get the chance I'll look it up later.

 

Yes, I understand that; And, I'll keep on looking, as I have been, for that elusive source.

 

Thanks, again.

 

FREE The TREE

[DenturesLost]

Yes, I understand that; And, I'll keep on looking, as I have been, for that elucive source.

 

Thanks, again.

 

FREE The TREE

I would suggest looking at caselaw. I would guess that there have been cases interpreting the law in regard to the limits of authority of a prosecutor.

[freemannabis]

Where in the constitution does it say that a prosecutor may destroy the lives of people (who have not infringed on the rights of others) and rule over them without their consent (tyranny)? Can't seem to find that one either.

 

Thank You!

 

Thank you, for seeing my point.

 

I do feel a bit better now.

 

: )

 

Be FREE to BE FREE!

 

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[freemannabis]

I would suggest looking at caselaw. I would guess that there have been cases interpreting the law in regard to the limits of authority of a prosecutor.

 

Much obliged for your suggestion. Though, try as I am, I have not found any "case law" highlighting "any prosecution" of any Prosecutor of any State of "The Union".

 

Yet.

 

However, I have to say, as much as I have been searching and researching to find a specific answer in this respects, "case law" is pouring out of my ears already!

 

But, if that's what it's going to take to uncover the truth of the matter, in order for us to finally know - "beyond any doubt," it looks like it's ... back to the bookcase, Batman!

 

FREE The CURE!

[DenturesLost]

Much obliged for your suggestion. Though, try as I am, I have not found any "case law" highlighting "any prosecution" of any Prosecutor of any State of "The Union".

 

Yet.

 

However, I have to say, as much as I have been searching and researching to find a specific answer in this respects, "case law" is pouring out of my ears already!

 

But, if that's what it's going to take to uncover the truth of the matter, in order for us to finally know - "beyond any doubt," it looks like it's ... back to the bookcase, Batman!

 

FREE The CURE!

Here's a start. This case eludes to a prosecutor's broad investigatory powers. This isn't binding as to that issue but if you follow the trail of cases back you will probably find one that is...

http://caselaw.findlaw.com/mi-court-of-appeals/1501166.html

[freemannabis]

Here's a start. This case eludes to a prosecutor's broad investigatory powers. This isn't binding as to that issue but if you follow the trail of cases back you will probably find one that is...

http://caselaw.findlaw.com/mi-court-of-appeals/1501166.html

 

Just discovered your suggestion, while "searching" for "Free" in the forum's search engines.

 

Thanks!

 

Now, off to check out the link.

 

Be FREE!