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
The US Supreme Court and Federal Gun Law Cases
The US Supreme Court and Federal Gun Law CasesChallenges to Federal Gun Laws the right of the people to keep and bear Arms, shall not be infringed Updated July 8, 2024 Ratified in 1791, the Second Amendment provides, “A well regulated Militia, being necessary to the...
Do Passengers in a Vehicle have 4th Amendment Rights?
Do Passengers have 4th Amendment Rights?Michigan Supreme Court Limits Police Ability to Search Passenger Property in CarsBackground Mead was a passenger in a car and had just met the driver, who offered him a ride. When the police stopped the vehicle and ordered both...
Do Students Have 4th Amendment Rights in Schools
Students and 4th Amendment RightsStudents are entitled to a right to be safe from unreasonable searches and seizures even within school premises, as ruled by the Supreme Court of the United States. However, these rights are somewhat limited for students, allowing...
Forfeiture Law: SCOTUS and Sixth Circuit Issue Landmark Rulings
Forfeiture Law in Focus: SCOTUS and Sixth Circuit Issue Landmark RulingsThe landscape of forfeiture law has been significantly shaped by recent decisions from the U.S. Supreme Court and the Sixth Circuit Court of Appeals. These rulings, in the cases of United States v...
When Can Your Silence Be Used Against You in a Legal Situation?
US Supreme Court - Salinas v. TexasWhen Can Silence Be Used Against You? In the realm of criminal law, the Fifth Amendment to the United States Constitution grants individuals critical protections, including the right to remain silent and the right against...
Supreme Court 8-1 Gun Possession Decision Changes Second Amendment
Supreme Court 8-1 Gun Possession Decision Changes Second Amendment Landscape Forever!Issue: Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits a person from possessing a firearm if he has been convicted of “a crime punishable by imprisonment for a term...
Facial Recognition and Wrongful Arrests
Facial RecognitionHow Technology Can Lead to Mistaken-Identity Arrests Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the...
People v. Chandler Case: Protecting Fourth Amendment Rights
Court of Appeals of Michigan PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Javarian CHANDLER, Defendant-Appellant. No. 368736 Decided: June 27, 2024Before: Borrello, P.J., and Swartzle and Young, JJ. Introduction In the People v. Chandler case, the Michigan...
What are Miranda Rights?
What are Miranda Rights?Miranda Rights, also known as the Miranda warning, are the rights given to people in the United States upon arrest. “You have the right to remain silent. Anything you say can and will be used against you in a court of law…” These rights stem...
What is the Exclusionary Rule?
What is the Exclusionary Rule?The Exclusionary Rule is a legal principle in the United States that prevents the government from using most evidence gathered in violation of the United States Constitution. Specifically, it applies to evidence obtained through an...
