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
No comments:
Post a Comment