THE FOURTH CLASS CITY ACT
Act 215 of 1895
92.1 Policemen; watchmen.
Sec. 1.
The council of any city may provide, by ordinance, for a police force and for the appointment by the mayor of such number of policemen and nightwatchmen as they may think necessary for the good government of the city and for the protection of the persons and property of the inhabitants; and may authorize the mayor to appoint special policemen from time to time, when in his judgment the emergency or necessity may so require.
History: 1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3116 ;-- Am. 1907, Act 320, Eff. Sept. 28, 1907 ;-- CL 1915, 3030 ;-- CL 1929, 1954 ;-- CL 1948, 92.1
Constitutionality Notes:
There was no state or federal constitutional violation by the police in the impoundment and inventory of the defendant's car. The impoundment was in accord with departmental procedures and the procedures were within the constitutionally mandated authority of the municipality. People v Krezen, 427 Mich 681; 397 NW2d 803 (1986).
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1980–2024 · leading case:
Peden v. City of Detroit, 680 N.W.2d 857 (Mich. 2004).
Peden v. City of Detroit, 680 N.W.2d 857 (Mich. 2004).
· cites it 2× “[15] In support of this, MCL 92.1, which grants cities the power to maintain a police force, provides: "The council of any city may provide, by ordinance, for a police force .”
Adam Cmty. Ctr. v. City of Troy, 381 F. Supp. 3d 887 (E.D. Mich. 2019).
· cites it 4× “In support of this statement, the court cites to Mich. Comp. Laws § 92.1 which authorizes local governments to establish a police force.”
People v. Krezen, 397 N.W.2d 803 (Mich. 1986).
· cites it 2× “[11] MCL 92.1; MSA 5.1749 provides: The council of any city may provide, by ordinance, for a police force and for the appointment by the mayor of such number of policemen and nightwatchmen as they may think necessary for the good government of the city and for the protection of…”
Hirmuz v. City of Madison Heights, 469 F. Supp. 2d 466 (E.D. Mich. 2007).
· cites it 2× “1980) (police department is merely creature of the city under Mich. Comp. Laws Ann. § 92.1 (West 1991); city is real party in interest).”
Est. of Moomey v. City of Holland, 490 F. Supp. 188 (W.D. Mich. 1980).
· cites it 2× “Assuming the truth of all facts stated in the complaint, and further assuming that the negligence of Moomey’s jailers is actionable under § 1983, the case against the named defendants still warrants dismissal.”
Bergeron v. Oakland, Cnty. of (E.D. Mich. 2024).
· cites it 2× “1980) (police department is merely creature of the city under Mich. Comp. Laws § 92.1 ; city is real party in interest)); see also Michonski v.”
Lowell Phillips v. City of Ferndale (Mich. Ct. App. 2017).
“”); see also Haverstick Enterprises, Inc v Fin Fed Credit, Inc, 803 F Supp 1251, 1256 (ED Mich, 1992), aff’d 32 F3d 989 (CA 6, 1994) (“the police department is not a legal entity against whom a suit 3 MCL 92.1 states: “The council of any city may provide, by ordinance, for a…”
Lowell Phillips v. City of Ferndale (Mich. Ct. App. 2017).
“”); see also Haverstick Enterprises, Inc v Fin Fed Credit, Inc, 803 F Supp 1251, 1256 (ED Mich, 1992), aff’d 32 F3d 989 (CA 6, 1994) (“the police department is not a legal entity against whom a suit 3 MCL 92.1 states: “The council of any city may provide, by ordinance, for a…”
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