Do they need a search warrant in Michigan?

Warrantless Search 

The police do have the authority to enter a dwelling without a warrant when a pressing situation leads to probable cause that a crime was recently committed there and evidence relevant to the crime – or the perpetrator of the crime – is likely contained inside. Additional instances when warrantless searches are deemed reasonable include:

 

●      When the officer receives consent to proceed with a search

●      When the search goes hand in hand with a legal arrest. 

Search Warrant 

In order to obtain a search warrant from a judge, the officer must show that there’s probable cause to justify the search in question. This involves submitting an affidavit that lays out the legal reasoning for the search and carefully describes the place that will be searched and the items that are sought after. The judge is tasked with evaluating the circumstances involved and with determining the likelihood that the items sought will be discovered. 

 

The laws related to search warrants are exacting. The prosecution’s case relies on the evidence obtained as a result of a search warrant, and any irregularities can tank the case.   

 

Learn more here regarding illegal search and seizure in Michigan.

Consult an Experienced Criminal Defense Attorney Today

If you’re looking for a criminal defense attorney in Michigan with extensive and specialized experience following an arrest, please consider calling the Ann-Arbor based practice of GLG Michigan.  (734) 263-2780

What is Probable Cause?

Before the police can search or seize your property or search or arrest you, they must have either a warrant or probable cause. Probable cause is established when there’s enough evidence, or there are enough facts to reasonably determine that a crime is being committed, likely has been committed, or likely will be committed.  

To ensure that the resulting arrest or search and seizure holds up in court, the officer must be able to share the facts upon which their determination of probable cause is based. 

A common example of probable cause is when an officer pulls a driver over for a driving infraction, such as drifting in and out of their lane. If the officer then finds that the driver’s speech is slurred and their breath smells of alcohol, probable cause for a DWI arrest is likely established. 

 

When probable cause can’t be established, any resulting search and seizure activity is illegal.

 

Learn more here regarding illegal search and seizure in Michigan. 

Consult an Experienced Criminal Defense Attorney Today

If you’re looking for a criminal defense attorney in Michigan with extensive and specialized experience following an arrest, please consider calling the Ann-Arbor based practice of GLG Michigan.  (734) 263-2780

Fourth Amendment Rights

The Fourth Amendment doesn’t guarantee against every search and seizure process but it protects us from those the law deems unreasonable. The matter of being reasonable in this context is determined by balancing the following primary interests:

 

●      The individual’s right to privacy

●      The government’s legitimate interests, including public safety

Home

Search and seizure inside of your home without a valid warrant is considered unreasonable.

Car

When an officer has probable cause to believe that evidence related to criminal activity is contained within, they have the legal right to search any areas in the vehicle where evidence might be found. The matter of probable cause can become a sticking point.

Your Person

If you’re being arrested – which requires probable cause to begin with – the police have the right to search you for their own protection. Running away from the police or engaging in any sudden movement also triggers this right. In any other situation, traditional probable cause is required to search your person. 

 

Learn more here regarding illegal search and seizure in Michigan.

Consult an Experienced Criminal Defense Attorney Today

If you’re looking for a criminal defense attorney in Michigan with extensive and specialized experience following an arrest, please consider calling the Ann-Arbor 

 

Unreasonable Searches and Seizures

The Fourth Amendment prohibits the U.S. government from engaging in unreasonable searches and seizures. This means the police don’t have the authority to search you, your home, your car, or your belongings without your consent, probable cause, or a search warrant. 

In order to obtain a warrant, the police must proceed in good faith that is based on reliable information, and that demonstrates good cause to proceed with a search. Even with a warrant in hand, the authorities can only search the areas specified in the warrant. For example, a warrant to search your car doesn’t grant the right to search your home – and vice-versa. In addition, items that are outside the scope of the warrant can only be seized if they’re in plain view.

 

Any evidence gathered during a search and seizure that is deemed to be unreasonable is an illegal search, and can’t be used against the accused. In other words, an unreasonable search and seizure can derail the prosecution’s case.  

 

Learn more here regarding illegal search and seizure in Michigan.

Consult an Experienced Criminal Defense Attorney Today

Your Fourth Amendment rights are of critical importance, and knowing these rights is key to protecting yourself from unreasonable search and seizure. Daniel T. Geherin is the founding and lead attorney at the Michigan law firm Geherin Law Group, and he’s proud to be one of the few attorneys in the state who are board-certified in criminal law. Our savvy Michigan criminal defense lawyers dedicate their practice to fiercely protecting the legal rights of our valued clients – in pursuit of advantageous case resolutions – and we're here for you, too. Because the outcome of your case can hang in the balance, we encourage you to reach out and submit a contact form or call us at 734-263-2780 for more information about what we can do to help you today.