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One of the most common questions I hear is whether the police could even search a car. The answer is: sometimes yes, sometimes no, and the difference can decide your whole case.
By Nicholas Somberg, founding attorney at Somberg Law, PLLC in Bingham Farms, Michigan. Licensed by the State Bar of Michigan.
The general rule
The Fourth Amendment protects you from unreasonable searches. As a general matter, police need a warrant, your consent, or an exception the law recognizes, such as probable cause to believe there is evidence of a crime in the vehicle. A hunch is not enough.
Consent is a big one
If you say yes to a search, it can make the search much harder to challenge later. That is why you never have to consent. Saying that you do not consent to a search does not make you guilty of anything. It preserves your rights.
When the search was unlawful
If the officer did not have a lawful basis, or unlawfully prolonged the stop to go fishing, the evidence they found may be subject to suppression. Evidence that a judge throws out cannot be used against you, and in a lot of cases that changes everything. That is one of the first things I examine in any drug or weapons case.
If you think your rights were violated
Do not assume the search was legal just because it happened. Have a defense attorney look at exactly what the police did and why.
Do not face it alone. Call me at (248) 270-5979 or start a free case review, and let’s talk about your situation.
Attorney Advertising. This post is general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship, and no result is ever guaranteed. Every case is different, so talk to a licensed attorney about your situation.
