The Fourth Amendment was established to protect individuals from unreasonable searches and seizures, yet there are exceptions.
In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law enforcement and citizens.
The Fourth Amendment protects individuals from unreasonable searches and seizures, but there are specific circumstances under which law enforcement can legally conduct a search without a warrant.
Search and Seizure Basics
Search and seizure refers to the process by which police officers can investigate a person’s property or belongings to find evidence of a crime.
Under the Fourth Amendment, any search must typically be supported by probable cause and conducted with a warrant.
However, two significant exceptions to this rule are consent searches and plain view seizures.
Consent Searches
Consent occurs when an individual voluntarily agrees to allow law enforcement officers to conduct a search. It is essential that this consent is given freely without coercion or intimidation.
In Michigan, if someone consents to a search of their home or vehicle, anything discovered during that search can be used as evidence in court.
This means if you invite police into your home and they find illegal substances or weapons during their investigation, that evidence can lead to criminal charges against you.
You might as well invite the devil in.
Plain View Doctrine
On the other hand, the plain view doctrine allows officers to seize evidence without a warrant if it is clearly visible while they are in a lawful position.
For example, if police are conducting an investigation outside your house for unrelated reasons (such as responding to noise complaints) and they see illegal items through an open window or door, they can legally seize those items without needing your permission.
The key difference here lies in how the police come across the evidence:
Consent requires permission from the individual being searched while plain view relies on what officers observe from their legal vantage point.
So keep your shades closed and your doors locked. You do not have to answer the door when the police or anybody come knocking.
Understanding these concepts not only empowers individuals regarding their rights but also highlights how crucial it is for law enforcement agencies to operate within legal boundaries when conducting searches.
Knowing your rights when it comes to search and seizure—especially concerning consent versus plain view—can make all the difference in protecting yourself legally in Michigan.
For more details about the laws follow these links
- [MCL 780.653]
- [MCL 750.552]
- [MCL 780.651]
- [MCL 750.239]
Case Example: Search and Seizure – Consent – Plain view
Defendant moved to suppress coffee filters seized from a detached garage suspected of being the site of a methamphetamine manufacturing operation, that motion should have been allowed because the officers lacked consent to search and did not lawfully seize the coffee filters.
“In 2015, police officers arrested defendant, Michael Brian McJunkin, after responding to reported suspicious activity at a house in Battle Creek. When the police arrived, they noticed the smell of ammonia permeating from a detached garage and suspected methamphetamine (meth) manufacturing. The officers later discovered an active ‘one-pot’ meth laboratory and coffee filters containing ground up pseudoephedrine, a primary component in meth manufacturing. … Because we hold that the officers lacked consent to search and did not lawfully seize the coffee filters, we reverse.
“The parties agree that the officers did not have a warrant to search Wightman’s garage or the Explorer. McJunkin challenges the trial court’s conclusion that the search and seizure was legally justified under the consent and plain-view exceptions to the warrant requirement.
“We hold that the trial court clearly erred by ruling that Wightman freely and unequivocally consented to the search of his garage because the ruling was based on factual findings that were not supported by the evidence.
“Based on these errors, we conclude that the totality of the circumstances did not support a finding that the officers had consent to search the garage. As discussed, to establish the consent exception to the warrant requirement, evidence must show that the officers received consent that ‘is unequivocal, specific, and freely and intelligently given.’ … The evidentiary hearing disclosed no consent to search the garage that meets any of those criteria and, therefore, we reverse the trial court’s decision.
“For these reasons, the trial court erred by ruling that the consent and plain-view exceptions to the Fourth Amendment warrant requirements applied to the officers’ seizure of evidence from McJunkin’s vehicle.”
It’s Election Time….
Get out there and vote because someone’s vote just got cancelled.
Defend Your Future with Michigan’s Top Criminal Defense Attorney
Your rights and freedom are too important to leave to chance.
Facing Criminal Charges?
When you’re caught in the turmoil of criminal charges, every moment counts. The anxiety of potential jail time, hefty fines, and a tarnished reputation can be overwhelming. You may feel lost and unsure about where to turn for help.
The Consequences of Inaction
The stakes are high. A conviction can lead to long-lasting repercussions—affecting your job, relationships, and even your future opportunities. Without a strong defense, you risk losing everything you’ve worked hard for. Don’t let fear dictate your fate.
Expert Legal Representation
Our Michigan Top Criminal Defense Attorney is here to provide the expertise and support you need during this challenging time. With years of experience in navigating the complexities of criminal law, we craft personalized defense strategies tailored specifically for your case.
Why Choose Us?
Proven Track Record: Our attorney has successfully defended countless clients against various charges, earning a reputation for excellence in the courtroom.
Personalized Approach: We understand that every case is unique; we take the time to listen and build a defense strategy that fits your specific situation.
Your Advocate: We will fight tirelessly on your behalf, ensuring that your rights are protected every step of the way.
Your Freedom Is Our Priority
Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice. As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.
Michigan Laws
No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
