Most police officers conducting a Michigan gun investigation begin with two things. First, what the police officer is able to observe in plain view and second, by the questions they ask and the answers they receive. A person would be under notice that they are being investigated for a firearm crime when the police officer looks to see whether the person is in possession of one.
For example, if a person is in an automobile, the officer may be looking through a window to see if the weapon is in plain view. In fact, whenever a police officer approaches any vehicle that was stopped, they look for any weapons present when they look into the individual’s vehicle.
Michigan law enforcement also ask the person if there is a weapon present during the gun investigation or immediately prior to the arrest. The police often ask the individual if they are in possession of anything that can harm them. The police will specifically be watching for someone to admit that they are in possession of a weapon.
A person should contact a Michigan gun defense attorney as soon as they start to feel that the police officers are moving from simple innocent questions to questions that might lead to criminal charges. If it appears that the police are suspicious of the person’s answers; or the person is in any other way aware that the police are investigating a crime, it is best for them to contact an attorney immediately.
Other than typical search and seizure law that applies, there are no specific investigative measures that the police can take to determine if a person is in possession of a weapon or firearm illegally.
However, there are many ways that a police officer can determine if someone is in the lawful possession of a firearm by checking to see if someone has prior purchases, permits for prior purchases, or a Concealed Pistol License (CPL), also called a Concealed Carry Weapons (CCW) on their record.
When the police must determine if someone is illegally holding a firearm, they implement search and seizure law. The first thing a police officer does is determine if there is any outward evidence based on the person’s appearance, such as a bulge indicating a concealed weapon.
They may also examine the scene of the crime to determine whether there is any evidence that a weapon was discharged or any other evidence that a weapon was used such as damaged property or whether a firearm was used to harm another person.
If the police are led to believe that someone has a weapon in their possession they may ask them questions to determine whether they ever applied for or received a concealed permit. If the person does not have a concealed permit and has a gun on their person, they may be illegally in possession of a firearm.
It is a common practice when the police first come into contact with someone; they try to engender that person’s confidence and trust. The police officer acts friendly and as if whatever the individual says, they will let it slide or they might not take any action on it. The police officer is trying to lure an individual into a feeling of safety and security so that they admit things they would not otherwise admit.
Someone may think they know the law or the police officer told that person about the law. They act on that advice or belief and later find out that statement they made is a very harmful one. Most people are not experts in the law, so it is important to contact an attorney as soon as possible. Furthermore, the attorneys act as a buffer between the individual and the police officer and can diffuse that gaining of trust and not allow that bond to happen in a way that it will be harmful to the individual in the Michigan gun investigation.