Know Your Rights
Understanding your rights is the first step to exercising them. Here’s what you need to know in Michigan.
Rights During Police Encounters
You have the right to remain silent You don’t have to answer questions beyond providing identification if required. Clearly state: “I am exercising my right to remain silent.”
You have the right to refuse searches Without a warrant, you can refuse consent to search your person, vehicle, or home. Clearly state: “I do not consent to a search.”
You have the right to an attorney If arrested, you have the right to an attorney before questioning. Clearly state: “I want a lawyer.”
You have the right to know why Ask: “Am I being detained, or am I free to go?” If detained, ask: “What is the reason for this stop?”
You have the right to record In Michigan, you can record police in public spaces as long as you don’t interfere with their duties.
If You’re Stopped by Police
Stay calm Keep your hands visible. Don’t run, resist, or argue.
Be polite but firm You can assert your rights without being confrontational.
Don’t lie If you don’t want to answer, say so. Don’t make false statements.
Remember details Note badge numbers, patrol car numbers, and agency.
File complaints later If you believe your rights were violated, document everything and file complaints through proper channels.
Rights to Record Police
Michigan is a one-party consent state You can record conversations you’re part of without others’ consent.
Recording in public is protected The First Amendment protects your right to record police performing duties in public.
Don’t interfere Stay at a safe distance and don’t obstruct officers.
They cannot delete your recordings Demanding you delete footage or seizing your phone without a warrant may violate your rights.
Livestream if possible Live video can’t be deleted if your phone is seized.
Rights at Public Meetings
Open Meetings Act (Michigan) Most government meetings must be open to the public under MCL 15.261-15.275 .
Your right to attend You can attend any properly noticed public meeting.
Your right to record You can record public meetings without permission.
Your right to speak Most bodies must allow public comment, though they can set reasonable time limits.
Your right to meeting notices Agendas must be posted in advance.
Your right to meeting minutes Minutes must be kept and made available.
Making Effective Public Comments
Sign up early Arrive before the meeting starts to get on the speaker list.
Prepare your statement You’ll typically have 2-3 minutes. Write it out and practice.
State your name and address Required at most meetings.
Be factual and specific Reference documents, dates, and specific issues.
Be respectful Personal attacks can get you removed and undermine your message.
Submit written comments Offer to provide your statement in writing for the record.
Rights to Public Records (FOIA)
Michigan Freedom of Information Act MCL 15.231-15.246 gives you the right to access public records.
What you can request Any recorded information created or maintained by a public body in the performance of official functions.
Response deadlines Agencies must respond within 5 business days (can be extended by 10 additional days).
Fees Agencies can charge for search time and copies, but must provide estimates and fee waivers for public interest requests.
Appeal rights You can appeal denials to the agency head within 180 days, then to circuit court.
Records That Are Public
Under Michigan FOIA, these are generally public:
- Police reports and incident records
- Government emails and communications
- Meeting minutes and agendas
- Contracts and spending records
- Policies and procedures
- Personnel records (with some exemptions)
- Body camera and dash camera footage
Common FOIA Exemptions
Agencies may withhold records that are:
- Personnel files (privacy exemption)
- Ongoing criminal investigations
- Attorney-client privileged
- Trade secrets
- Medical records
- Home addresses of law enforcement
You can challenge exemption claims through the appeals process.
If Your Rights Are Violated
Document everything Write down what happened immediately. Include dates, times, names, badge numbers, and witnesses.
Get medical attention if needed Medical records become evidence.
File complaints
- Internal affairs (for police misconduct)
- Civilian oversight boards
- Michigan Department of Civil Rights
- U.S. Department of Justice
Consult an attorney Many civil rights attorneys offer free consultations.
Know the deadlines Claims against government have strict time limits.
Resources
ACLU of Michigan aclumich.org Know-your-rights information and legal resources.
Michigan Department of Civil Rights michigan.gov/mdcr Investigates discrimination and civil rights complaints.
Flex Your Rights flexyourrights.org Educational videos on police encounter rights.
Michigan Open Meetings Act Handbook Available from the Michigan Attorney General’s office.