Tuesday, July 15, 2025

Traffic Stops, Vehicle Searches, and Your Fourth Amendment Rights in Michigan

three police officers questioning two men outside in a parking lot.

Getting pulled over can be stressful—but understanding your rights during a traffic stop can prevent things from escalating. In Michigan, you're required to provide your driver’s license, registration, and proof of insurance. You have the right to refuse consent to a vehicle search unless the officer has probable cause.

Police can search your car without a warrant under certain conditions, such as:

  • If you voluntarily consent.
  • If contraband is in plain view.
  • If you’re under arrest and the area is within your control.
  • Under emergency circumstances.
  • If probable cause justifies the “automobile exception.”

 

However, if the officer asks, “Do you mind if I search your vehicle?” you’re not obligated to say yes. The correct and legal response is:

“I do not consent to a search.”

 

Refusing consent is not suspicious—it’s your constitutional right under the Fourth Amendment. If police search your vehicle anyway, and none of the legal exceptions apply, any evidence they find could be inadmissible in court.

 

Read more on our website!

 

If you believe your vehicle was searched illegally, contact a criminal defense attorney in Ann Arbor to evaluate your case and discuss your legal options.

Tuesday, July 1, 2025

Miranda Rights and the Right to Remain Silent: What You Need to Know in Michigan

two men being questioned by police, sitting on a curb outside.

Whether you're approached by a police officer during a traffic stop or questioned in a more serious setting, knowing your Miranda rights can protect you from self-incrimination. In Michigan, law enforcement must advise you of your rights only if you're in custody and being interrogated.

You’ve probably heard it in movies:

  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.

 

But here’s the critical detail—if you're not in custody, police aren’t required to issue this warning, and anything you say can still be used against you. Even in what seems like a casual conversation, you may be unknowingly providing evidence.

 

To protect yourself, remember this simple phrase:

“I am exercising my right to remain silent and would like to speak to an attorney.”

 

Read more on our website!

 

Once you say this, questioning must stop. Still, many people hesitate to assert their rights, thinking they can talk their way out of a situation. This is rarely the case. To avoid missteps, consult with an experienced criminal defense attorney in Ann Arbor as soon as possible.

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