1. Places of Worship Security Seminar

2. Arrest Authority of Private Persons MCL 764.16
A private person may make an arrest under the following circumstances:
Felony committed in his or her presence.
The suspect committed a felony, although not in the person’s presence.
When summoned by a peace officer to assist in making an arrest.
Retail fraud and person making the arrest is employed at store.
After arrest must TOT to police officer without unnecessary delay.
NOTE: PRIVATE PERSONS DO NOT HAVE THE SAME LEGAL PROTECTIONS THAT LAW ENFORCMENT DO WHEN MAKING ARRESTS.

3. Police Officer Authority
Three levels of contacts between police and citizens
Voluntary
Investigatory Detention – “Reasonable suspicion” that a crime is afoot.
Arrests – “Probable cause” to believe a crime has occurred and that the person being arrested committed the crime.

4. PD Arrest v Citizen Arrest
Police only need P/C
Police also have governmental immunity
Discretionary vs
Ministerial
With a citizen arrest it’s only good if the suspect actually committed the crime

5. Self-Defense Act MCL
A person may use deadly force with “no duty to retreat” if all of the following conditions exist:
The person is not engaged in a crime.
The person is in a place they have a legal right to be.
The person honestly and “reasonably believes” deadly force is necessary.
The deadly force is used to prevent “imminent” death, great bodily harm, or sexual assault of the person using force or another person
May also use less than deadly force if honestly and reasonably believe it is necessary to defend self or another from an imminent unlawful use of force by another.

6. Trespass
Any person who shall willfully enter, upon the premises of another without lawful authority, after having been forbidden so to do by the owner or agent, or
Any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or agent
30 day misd.

7. Disturbing Religious Meetings [MCL 750.169]
Intentionally disrupting religious meeting on private property or attempting to do so
Remaining after being instructed to leave, with the intent to disrupt
Intentionally obstructing entrance or exit with the intent to disrupt or prevent that meeting
Misdemeanor – 93 days

8. Funeral Protests [MCL 750.167d]
Prohibits statements, gestures or conduct
intended to disrupt the funeral, memorial service, viewing, procession, or burial and that disrupts the funeral, memorial service, viewing, procession, or burial, or
that would make a reasonable person feel intimidated, threatened, or harassed,
intended to incite or produce a breach of the peace among those attending and that causes a breach of the peace among those attending
500 feet from building or other location
Felony – 2 years [4 years with priors]

9. Carrying a Concealed Weapon - CCW
Two CCW Charges
Pistol on a person
Pistol in a vehicle
CCW charges do not apply to police officers.
Concealed Pistol License
Free Zone - Cannot carry on any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless authorized by the presiding official.
Additional Free Zones include public or private child care center, day care center, child caring institution, child placing agency, and school/school property except pick-up and drop off when the pistol is left in the vehicle.

10. Prohibited Places to Possess a Firearm MCL 750.234d
A person is prohibited from possessing a firearm in:
A church or other place of religious worship.
Day-care center.
Does not apply to:
A person hired as security.
A peace officer.
A person with a valid CPL permit
A person with permission of the owner or agent of the owner.
THIS IS FOR NON-CPL HOLDERS AND FIREARMS

11. 750.234d Possession of firearm on certain premises…
(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections to of the Michigan Compiled Laws.

12. MCL d exemptions
(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.
NOTE: THIS IS FOR FIREARMS. There are a different set of rules for concealed pistols.

13. Prohibited Place to Carry a Pistol MCL 28.425o, short version
School/school property except if parent/guardian and picking up/dropping off
Daycare center
Place of worship unless person in charge permits it
Shorter list of exemptions:
Employee or person in charge gives permission PD
CPL holder

14. MCL 28.425o CPL holders cannot carry CONCEALED at:
(a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the student from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL a.
(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
(c) A sports arena or stadium.

15. Continued
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL to , where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL to , an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL to , may post the sign developed under this subdivision.
(e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.

16. Question that come up:
“My church rents space at a public school, is that a church or a school?”
Issue is, as the leader of the church I want to allow carrying but the school will not allow.
Flip-side, I want to prohibit carrying but the church doesn’t actually own the property.

17. MCL o exemptions
(a) An individual licensed under this act who is a retired police officer, retired law enforcement officer, or retired federal law enforcement officer.
(b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or private detective under the professional investigator licensure act, 1965 PA 285, MCL to
(d) An individual who is licensed under this act and who is a corrections officer of a county sheriff's department or who is licensed under this act and is a retired corrections officer of a county sheriff's department, if that individual has received county sheriff approved weapons training.
(e) An individual who is licensed under this act and who is a motor carrier officer or capitol security officer of the department of state police.
(f) An individual who is licensed under this act and who is a member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an auxiliary officer or reserve officer of a police or sheriff's department.

18. Continued
(h) An individual who is licensed under this act and who is any of the following:
(i) A parole, probation, or corrections officer, or absconder recovery unit member, of the department of corrections, if that individual has obtained a Michigan department of corrections weapons permit.
(ii) A retired parole, probation, or corrections officer, or retired absconder recovery unit member, of the department of corrections, if that individual has obtained a Michigan department of corrections weapons permit.
(i) A state court judge or state court retired judge who is licensed under this act.
(j) An individual who is licensed under this act and who is a court officer.
(k) An individual who is licensed under this act and who is a peace officer.

19. Penalties for 28.425o First offense just a civil infraction.
Second offense is a misdemeanor
Third offense is a 4-year felony

20. Big Problem CPL plus Open Carry = Super CPL Confusing concept
Police struggle with it
I struggle with it
Prosecutors struggle with it
The Open-Carry people know it!
Essentially
Firearms free zones exempt CPL holders
Pistol free zones only prohibit concealed pistol
So if you open carry and have a CPL you can carry pretty much anywhere.

21. Solution? Post “No Firearms Allowed” signs Issues Local ordinances?
If a government building then may not be able to enforce trespassing
Depends on the person’s purpose for being there
Is a church a government building? Generally, no.
Local ordinances?
Prohibited by state law.
Who do you prohibit? Be careful not to violate civil rights

22. Child Abuse Four degrees of Child Abuse Includes
Knowingly or intentionally causing injury.
Reckless acts or omission.
Knowingly or intentionally commits an act that poses an unreasonable risk of harm or injury.
Reasonable parental discipline is not against the law including reasonable force.

23. Mandated Reporting of Child Abuse and Neglect
Clergy are legally required to immediately report suspected child abuse to Child Protective Services (CPS). MCL
Only requires “reasonable cause.”
Within 72 hours file a written report.
Failure to report
Civil liability and 93 day misd.
Do not have to report privileged info. i.e. confession

24. Leaving Child in Vehicle MCL 750.135a
Applies to child less than 6 years old.
Unreasonable risk of harm or injury.
May be left with a 13 year old or older.
Only applies to a person responsible for the care or welfare of the child.

25. Confidentiality and Immunity of Mandated Reports
Generally confidential and identity will only be disclosed by consent or judicial process.
A mandated report who acts in good faith, cooperates with the investigation, and assists with the requirements of the statute is immune from civil and criminal liability. MCL

26. False Report of Child Abuse & Neglect
If a person INTENTIONALLY makes a false report:
If the reported crime is a misdemeanor then the false report is punishable by up to 93 days and $500.
If the reported crime is a felony then the false report is punishable by up to 4 years and $2,000.

27. Assault and Battery
Suspect either attempted a battery, or put the victim in fear of an immediate battery.
Battery is a forceful, violent, or offensive touching.

28. Domestic Violence Domestic Relationships include:
Spouse or former spouse,
Reside or has resided in the same household,
Child in common,
Has or has had a dating relationship.

29. PPOs PPOs are issued by circuit court.
May specifically restrain or enjoin an individual from committing certain acts.
Criminal contempt of court days
The circuit court where the violation occurred will have jurisdiction.

30. Stalking Misdemeanor Stalking Aggravated Stalking (felony)
Two or more willful, separate and nonconsented acts
Of unconsented contact with the victim.
Cause individual to feel terrorized, frighten, intimidated, threatened, harassed or molested.
Aggravated Stalking (felony)
Same as above plus
Previous stalking conviction.
Violation of court order.
Credible threat.

31. CAUTION

32. Community Action United Team In Our Neighborhood
To increase communication among law enforcement, clergy and the community with the expectation that bolstering these relationships will ultimately lead to safer neighborhoods.
This is accomplished by you being part of a community team to respond to crime scenes and work directly with law enforcement officers at community events.
Communication
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