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
No comments:
Post a Comment