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.
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