SUTTONS BAY -- Leelanau County Sheriff Mike Oltersdorf smoothed out his quarrel with the American Civil Liberties Union.
The ACLU said in an Oct. 5 letter to Oltersdorf that deputies illegally entered Leelanau County homes on at least five separate occasions from mid-2007 through this summer. Deputies were looking for underage drinkers in each instance.
ACLU representatives had a "very cordial" meeting with Oltersdorf last week, local ACLU rep Steve Morse said, and they're satisfied he's taking significant steps to prevent future incidents.
"He's recognized the problem, and he's recognized that it needs to be corrected," Morse said.
Oltersdorf said he's having Traverse City defense attorney and former California prosecutor Robert Whims conduct training this week on home searches. Whims will be able to "put people on notice that certain conduct can be second-guessed and challenged" in court, Oltersdorf said.
Oltersdorf will also provide the ACLU with findings of his ongoing investigation into their cited incidents, but Morse contends his group primarily wants to prevent future incidents.
"We're concerned about (constitutional violations), and that seems to be in the process of being turned around and corrected," Morse said.
Oltersdorf said he'd have his findings to Morse by Dec. 1. He's already spoken with a "half-dozen" citizens involved in the ACLU incidents, and he plans to speak to more.
Those who contacted the ACLU to complain are largely satisfied, Morse said, though some may hire non-ACLU attorneys and take legal action against the department, he said.
Oltersdorf said sergeants were involved in most of the incidents cited in the ACLU's letter, and they were often responsible for reviewing their own reports. Because of this, Oltersdorf's department "lacked the proper checks and balances" needed to sniff out inappropriate behavior, he said.
Command staff, including law enforcement commander Ross Arena, now regularly reviews reports.
"We've got a higher authority looking at the conduct," he said.
Sgt. James Kiessel was involved in many of the incidents cited by the ACLU, witnesses and authorities said. Kiessel and Deputy Duane Wright recently were fired by Oltersdorf for "abusing their power" during an October incident.
The officers improperly arrested a Leelanau County man at his house while investigating a traffic accident that involved his son, Oltersdorf said.
Related Items:
- Editorial: Sheriff must probe claims
- ACLU: Sheriff shouldn't need help
- Sheriff to look into ACLU allegations
- ACLU alleges Leelanau deputies broke law
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