Legal Question in Criminal Law in Michigan

The MCR requirement to identify the property owner of record regarding alleged c

Is there a MCR that requires an enforcement officer to establish the property owner of record based solely upon the Wayne County Register of Deeds records in order for the criminal misdemeanor ticket(s) (which allege Detroit municipal code violations located upon a residential property) to be considered legally correct?

If this bench trial establishes that this was not done, is it grounds for dismissal of the ticket(s)?

If so, please identify the rule(s).

Must the defense raise said MCR issue or is the judge, in determining the verdict, obligated to recognize said MCR violation based upon the plaintiff's failure to establish compliance?

If the defendant testifies that he is the property owner, or, if the officer testifies that the defendant told him that he was the property owner (the defendant does not testify or takes the 5th), does either testimony make said MCR issue irrelevant?

Is'nt the officer's testimony about what the defendant told him hearsay regarding the issue of actually proving that the defendant is the lawful property owner?

If defense fails to challenge the hearsay, can the judge ignore said hearsay and MCR issues in determining the verdict?


Asked on 8/30/02, 2:49 am

1 Answer from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: The MCR requirement to identify the property owner of record regarding alleg

Is this case about weeds that are four feet high? First of all, if the defendant told a police officer that he/she is the property owner, that is not hearsay. That is an admission by a party opponent and is admissible. Second, why not ask for an adjounment and clean up the property? Most judges at 36th District Court take these cases under advisement anyway, so there is no misdemeanor conviction.

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Answered on 8/30/02, 9:04 pm


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