Legal Question in Criminal Law in Michigan

National Guard / Civialian Court

I was arrested for OUIL at the National Guard Camp in Graying Michigan. I was arrested and charged by an on duty MP officer, who was also a Mich State Police off-duty, and brought to the county jail. He wrote me a state of mich ticket. I was serving my two-week annual duties. I was off duty, not on the road, and in street clothes and vehicle. I was on the grass when ticketed. I had to take a plea to OWI. My lawyer did not think this could be fought. It was determined that this property was open to the public. I was informed by an individual in the Mich Nat Guard legal department that I should fight this ticket and that the MPs don't really have the authority to do this.I think that it is wrong that the National Guard has MPs on duty enforcing civialian laws. What about the US Posse Comiatus Act. MI also has laws such as MCL 600.1825(3). Nat. guardsman are on Federal Duty during AT according to US code. Most laws seem to say that the Nat. Guard does not have arrest auth. except in cases of Ill. Sub.I guess I would like to know if I can still appeal this at a later date, when Im financially ready, and definatley do something to keep this from happening to other people in the future.


Asked on 6/19/02, 1:48 pm

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

Re: National Guard / Civialian Court

You really need to contact someone well-versed in military law, and that is not me. The only statute I've found in a brief search is MCL 764.15d: A federal law enforcement officer may arrest a person in either of the following situations: (a) The officer possesses a warrant for the arrest of the person for the commission of a felony (your charge was a misdemeanor). (b) The officer has received positive informationfrom an authoritative source.....that another federal law enforcement officer or a peace officer (local cop) possesses a warrant for the arrest of the person for the commission of a felony. Under MCL 625b, if the grassy area serves as an area for the parking of vehicles, an arrest for OUIL is legal, even if the car is parked and not running, but you must be in the driver's seat at the time of arrest.

I wish I could tell you more, but you need an expert. Good luck!

Nancy L. Moore

19500 Victor Parkway. Ste. 290

Livonia, MI 48152

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Answered on 6/23/02, 11:02 am


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