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Tuesday, November 27, 2012
By Michael Nichols
Categories: Michael J. Nichols
The Michigan Court of Appeals upheld a trial court’s ruling that the City of Lansing violated the Freedom of Information Act in withholding information from the Nichols Law Firm about one of its clients. East Lansing Drunk Driving Attorney Mike Nichols says “I was pleased that we held the City of Lansing’s feet to the fire on this one.” He adds, “the bottom line is that they should be sanctioned and they still have yet to give us their policies – I think the citizens are entitled to know when officers have to record interactions with the public and have their microphones on when they are recording.”
The Court of Appeals opinion is attached.
Unpublished cases conflict about whether a law enforcement agency must disclose a policy. However, Nichols says that this request is about the public’s right to know the rules for police to record interactions as opposed to presenting the policy to the jury: “it is about when big brother is watching, when they are required to watch and listen with a recording device, when they may and when they must.” Nichols adds, “after all, if there is evidence that could help you in a fight with the government, should you not have the right to make them collect and preserve that evidence?”
Nichols says that he and his attorney are still discussing the next step regarding obtaining the policy at issue and clarifying the degree to which they are entitled to attorney fees. They do intend to continue to sue public bodies if Freedom of Information Act violations occur in the future.
For the attorney who is an author, adjunct law professor of DUI Law and Practice as well as Forensic Evidence, contact Mike Nichols at 517.432.9000.