A version of the following written comment was submitted to the Michigan Senate Committee on Civil Rights, Judiciary, & Public Safety on June 26, 2025.
In a free and safe society, law enforcement is essential for maintaining the rule of law and protecting people and property from harm by others. At the same time, law enforcement officers have a tremendous responsibility to uphold the constitutional rights of the citizens with whom they interact. Even a few “bad apples” can undermine public trust in law enforcement––especially when governments fail to hold these officers accountable for misconduct. Michigan must embrace transparency and accountability in law enforcement to demonstrate a commitment to upholding the rule of law and maintaining the public’s confidence in the justice system.
The legislation presented in the bipartisan Police Practices Standardization, Transparency, and Trust (S.T.A.T.) package would limit the use of no-knock warrants, require de-escalation and crisis response training, and provide other safeguards to protect the public and law enforcement officers.
Use of force standards, de-escalation and crisis response training, and duty to intervene requirements will ensure that armed officers of the state respect the constitutional rights of Michiganders and provide law enforcement with critical tools to maintain their own safety. Law enforcement officers must be trained to de-escalate tense interactions, but, when necessary, employ “objectively reasonable” physical force. When excessive force is employed, the rule of law requires fellow officers to intervene.
Restricting the use of no-knock warrants will likewise improve the safety of law enforcement and the public. Search warrants are an essential and uncontroversial law enforcement tool. However, no-knock warrants allow law enforcement to forcibly enter a residence without first announcing their presence or identifying themselves. This practice creates a dangerous situation for everyone involved. A recent report from the American Legislative Exchange Council noted that:
Between 2010 and 2016, 81 civilians and 13 law enforcement officers were killed in forced-entry searches. Officers represented 10% of fatalities while executing standard “knock-and-announce” search warrants and 20% of fatalities associated with no-knock warrants.
Increasing transparency also confers mutual benefits to law enforcement and the public. Body-worn cameras shed necessary light on rare instances of police abuse, but they also frequently exonerate officers who are falsely accused of misconduct. The S.T.A.T. package includes reasonable requirements and penalties to protect against tampering with body-worn cameras or resulting video evidence. Additionally, the package includes improvements to the Michigan Commission on Law Enforcement Standards (MCOLES) Act and establishes new standards for separation records. These provisions will empower police chiefs and sheriffs to avoid hiring officers with poor records.
Finally, the package’s provisions related to false testimony and anonymity of complaints will help ensure truth in accountability and protect the privacy of individuals who file complaints alleging misconduct by law enforcement. A key principle that undergirds the rule of law is that nobody is above the law, including those who are tasked with enforcing the law.
Taken together, this bipartisan package provides necessary improvements to policing that will promote the transparency, accountability, and trust necessary to foster an environment of safety and order in Michigan communities.