admin, Author at Komorn Law

Are there exceptions that justify warrantless searches?

Sep 6, 2024 | Know Your Rights, Your Rights

Exceptions to your 4th Amendment Rights against Search and Seizure (more to come).

The Fourth Amendment of the U.S. Constitution safeguards citizens by prohibiting unreasonable searches and seizures and generally mandates the necessity of a warrant for such intrusions.

However, there are specific contexts where warrant requirements are relaxed or not applicable. Here are six notable exceptions:

Border Searches

At U.S. borders and international points of entry, law enforcement officials have broad authority to conduct searches without a warrant. This includes searching individuals, vehicles, and luggage. The rationale is that the government has a sovereign interest in protecting its borders and regulating who and what enters the country. These searches are considered reasonable under the Fourth Amendment due to the national security interests at stake.

Drug Testing

Drug testing by government employers, schools, or other institutions can occur without a warrant or individualized suspicion in certain circumstances. For example, random drug testing of student-athletes or employees in safety-sensitive positions is allowed. The Supreme Court has upheld such practices, balancing the government’s interest in safety and public welfare against individual privacy rights.

National Security

In matters of national security, the government can conduct searches without a warrant under specific conditions, such as through the Foreign Intelligence Surveillance Act (FISA). These searches are typically related to monitoring foreign spies, terrorists, or other national security threats. The courts have generally granted the government greater leeway in these cases, recognizing the unique and urgent nature of national security concerns.

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

School Searches

School officials have the authority to search students and their belongings without a warrant, provided they have reasonable suspicion that the student has violated a school rule or law. The standard for these searches is lower than in other contexts because schools are responsible for maintaining a safe and orderly environment conducive to education.

Searches of Prisoners, Parolees, and Probationers

Individuals owned by the criminal justice system, such as prisoners, parolees, and probationers, have a reduced expectation of privacy. Warrantless searches of these individuals and their property are permitted under the terms of their incarceration, parole, or probation. These searches are justified by the government’s interest in maintaining security and ensuring compliance with the terms of their release.

Workplace Searches

Government employers can conduct warrantless searches of employees’ workspaces, particularly if there is a reasonable suspicion of work-related misconduct or if the search is part of a general policy to ensure workplace efficiency and security. The expectation of privacy in a government workplace is lower, especially when the area searched is related to work rather than personal activities.

These exceptions illustrate the balance between individual rights and the government’s need to ensure safety, security, and efficiency in specific contexts where the warrant requirement is not strictly enforced.

Are there more? Yes.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Do you know what to do if you are pulled over by a police officer?

Below is some information that can help to make a traffic stop less stressful and safer for everyone.

First, when you notice emergency lights behind you, pull over to the right side of the road as soon as it’s safe to do so. Keep calm and try to remain still. Stay in your vehicle, open the driver’s side window and keep your hands in sight on the steering wheel.
When the officer asks, provide your driver’s license, vehicle registration and proof of insurance. At this point in the traffic stop, the officer should tell you why you were stopped. If he or she doesn’t, it’s okay to inquire about the reason for the stop once you have provided your driver’s license, vehicle registration and proof of insurance. When addressing the officer, speak with the same level of respect you expect from him or her.
If the officer issues you a citation, don’t argue the reason for it during the traffic stop. The best and most appropriate place to dispute a citation is in court.
When the officer tells you it’s okay to leave, make sure your seat belt is buckled and that it’s safe to enter the roadway before pulling out. As you get back on the road, follow all traffic laws, including using your turn signal. The officer will likely remain on the side of the road, with lights activated, until you have safely re-entered traffic.

If you feel the officer acted inappropriately or didn’t treat you fairly, it’s okay to follow up with a phone call to his or her supervisor.

Source: Michigan Government

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Warrantless Searches in Michigan

Sep 5, 2024 | Know Your Rights, Your Rights

I don’t need a warrant for that…

In Michigan, as in the rest of the United States, the Fourth Amendment of the fading Constitution provides individuals with protection against unreasonable searches and seizures by law enforcement.

Generally, this means that police need a warrant—issued by a judge and based on probable cause—before conducting a search.

However, there are several exceptions to the warrant requirement that allow law enforcement officers in Michigan to conduct searches without first obtaining a warrant.

Warrantless searches are subject to strict legal regulations and are typically deemed necessary in situations where acquiring a warrant is not feasible or essential.

Below are the key types of warrantless searches recognized in Michigan.

Search Incident to Lawful Arrest

One of the most common types of warrantless searches is a search incident to a lawful arrest. When law enforcement officers lawfully arrest an individual, they are permitted to search the person and the immediate area within their control without a warrant. The rationale behind this exception is to ensure officer safety and prevent the destruction of evidence. For instance, if someone is arrested in a vehicle, officers may search the person and the passenger compartment of the vehicle. However, they may not search areas beyond the arrestee’s immediate control without a warrant or another exception.

Consent Searches

Another significant exception is a consent search. If an individual voluntarily consents to a search, law enforcement officers do not need a warrant. For consent to be valid, it must be given freely and without coercion. Additionally, the person giving consent must have the authority to do so. For example, a homeowner can consent to the search of their home, but they cannot generally consent to the search of another person’s private areas within the home. If the police conduct a search based on consent, the scope of the search is limited to the area for which consent was given.

Legal Help

If you’re facing charges for a firearm offense while under the influence of alcohol or a controlled substance in Michigan, it’s essential to seek legal counsel immediately. A trained and experienced DUI attorney can provide guidance potentially helping to mitigate penalties or even challenge the charges.

Legal defense Attorney Michael Komorn is trained and certified in Field Sobriety Tests (FST), Horizontal Gaze Nystagmus and the infamous breathalyzer and has been representing clients charged with DUI and alleged crimes since 1993. Call Komorn Law 248-357-2550 when you’re ready to challenge DUI or any alleged criminal charges.

Plain View Doctrine

The plain view doctrine allows law enforcement to seize evidence without a warrant if it is in plain view. For this doctrine to apply, officers must be lawfully present in the location where they see the evidence, and its incriminating nature must be immediately apparent.

For example, if an officer is legally inside a home and sees illegal drugs on a table, the drugs can be seized without a warrant.

This doctrine does not permit officers to move or manipulate objects to gain a better view; the evidence must be plainly visible.

Exigent Circumstances

Exigent circumstances exist when there is an urgent need for action that justifies a warrantless search.

This exception applies when the situation demands immediate attention, such as when there is a threat to life, a risk of evidence being destroyed, or a potential escape of a suspect.

For instance, if officers are pursuing a suspect who flees into a building, they may enter and search the building without a warrant under the exigent circumstances exception.

Similarly, if officers hear sounds indicating that evidence is being destroyed, they may conduct a search without a warrant.

Automobile Exception

The automobile exception allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.

The rationale behind this exception is the inherent mobility of vehicles, which could allow suspects to move the vehicle and the evidence it contains before a warrant can be obtained.

Under this exception, officers can search any part of the vehicle, including the trunk and containers within it, as long as they have probable cause.

This exception is distinct from searches incident to arrest, as it applies even when the vehicle’s occupants are not arrested.

Stop and Frisk (Terry Stops)

A stop and frisk, also known as a Terry stop, is a brief detention and pat-down of an individual by law enforcement based on reasonable suspicion that the person is involved in criminal activity and may be armed. This exception is named after the landmark Supreme Court case Terry v. Ohio (1968), which established that officers could perform a limited search for weapons without a warrant if they have reasonable suspicion. The frisk is generally limited to a pat-down of the outer clothing to check for weapons; it is not a full search of the person.

Inventory Searches

Inventory searches occur when law enforcement takes custody of a person’s property, such as after arresting someone and impounding their vehicle. The purpose of an inventory search is not to gather evidence but to protect the owner’s property, ensure officer safety, and safeguard the police from claims of lost or stolen property. Because these searches are conducted as part of standard procedures and not based on suspicion of criminal activity, they do not require a warrant. However, the search must be conducted according to established police protocols to be valid.

Schools

School officials need not obtain a warrant before searching a student who is under their authority. A search of a student need only be reasonable under all the circumstances. New Jersey v. TLO, 469 U.S. 325 (1985)

U.S. Supreme Court Ruling (Schools)

The Court did not reach this issue. As explained in the reasoning section below, the Court concluded that, under the circumstances of this case, the search of T.L.O.’s purse did not violate the Fourth Amendment to the U.S. Constitution.

The Court did not address the issue of whether unlawfully seized evidence should be suppressed in a juvenile delinquency hearing.

However, the Court decided that the Fourth Amendment applies to school officials.

Conclusion

While the Fourth Amendment generally protects against warrantless searches, several well-established exceptions allow law enforcement in Michigan to conduct searches without a warrant.

These exceptions are designed to balance the need for effective law enforcement with individuals’ rights to privacy. The legality of warrantless searches often depends on the specific circumstances and whether the situation falls within one of the recognized exceptions.

Understanding these exceptions is crucial for both law enforcement and the public, as they outline the boundaries of permissible police conduct and the protection of constitutional rights.

4th Amendment