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When Are Law Enforcement Legally Allowed to Search You or Your Property?
When confronted by law enforcement, Americans are afforded several legal rights that protect them from unreasonable searches and seizures. Despite these many rights, Michigan law enforcement can still legally search an individual’s person, home, car, or other property to identify and seize criminal evidence, drugs, stolen goods, or illegal contraband.
Michigan police and other law enforcement agencies may legally conduct any of the following searches:
- If you permit law enforcement to search you or your property, this is considered consent. Allowing or inviting law enforcement into your home is enough to provide consent
- In situations where illegal items, such as drug paraphernalia, are left in plain view, law enforcement may legally seize that evidence. This is known as a search when there is no legitimate expectation of privacy
- Law enforcement may use information provided by criminal informants to justify a search under certain circumstances
- Police may conduct searches when deemed reasonable. The law enforcement personnel must provide a valid reason to suspect that individuals have committed criminal offenses, also known as establishing probable cause. Without establishing probable cause, the police are only allowed to conduct a search with your express consent or with a warrant
- Search warrants are typically limited and only work in specific areas or for particular purposes, but the police may search beyond these restraints if doing so protects the safety of others, prevents the destruction of evidence, or discovers that additional evidence may be uncovered in the area
What Are Your Legal Rights During a Search or Arrest?
When police officers approach you in public or private, you must remain calm, respectful, and aware of your legal rights. You are afforded the right to remain silent if the police question you. In most interactions, you are not required to answer questions beyond what is needed to identify yourself. Clearly state that you are exercising your right to remain silent if you wish to decline to speak. Additionally, you have the right to an attorney to defend your interests in and out of a court of law. Unless police officers have a warrant or can establish probable cause, you can refuse consent to search your belongings, home, motor vehicle, or person. And finally, you have the right to be told the reason for the interaction with the police officer.
Remember, anything you voluntarily provide to law enforcement, either in action or dialogue, could be used against you and your criminal case in court. Even casual remarks could be misrepresented or misinterpreted and used against you.
If police detain you, you have rights that you should exercise. Do not resist detention by resisting physically or attempting to flee. You have the right to know the reason for your detention and the right against self-incrimination.
When police stop you at a traffic stop, you must provide your driver’s license, registration, and proof of insurance. Still, you may decline to answer any further questions. Suppose you are stopped on suspicion of driving under the influence of drugs or alcohol. In that case, you may be asked to perform a field sobriety or breath test. Michigan has implied consent laws, meaning that refusal to undergo a chemical or breathalyzer test could result in immediate penalties.
You have rights afforded to you by the United States Constitution, including the Fourth Amendment, which protects you from an illegal search and seizure; the Fifth Amendment, which gives you the right to remain silent; the Sixth Amendment, which is the right to a lawyer, and the Fourteenth Amendment which is the right of due process.
Do You Need to Allow Michigan Law Enforcement to Search Your Vehicle?
When police pull you over, you have the legal right to refuse them the opportunity to search your vehicle. It is worth remembering that police officers are not required to inform you of this right; you must be aware of it yourself.
You should not consent to the search if law enforcement asks to search your vehicle for evidence. In many situations, however, police officers may search your vehicle anyway, claiming probable cause. If you refuse the search’s consent, your criminal defense attorney could suppress any evidence acquired by claiming that the search was unjustified.
The police have the legal authority to search your car under the following situations and circumstances:
- If you are under arrest, a police officer has the authority to search your car for weapons and additional evidence related to the crime and to ensure the safety of themselves and others
- Probable cause, such as situations where the cops believe your vehicle contains evidence of a crime
- In situations where evidence is left in plain view, such as visible through a window, that evidence can be seized and used to enact a legal search
- When provided with permission, the police have the right to search your car
- If your car is impounded, the police can conduct an inventory search of the vehicle without needing a warrant
- Should police believe that there is an immediate need to prevent evidence from being destroyed, or in situations where they are in hot pursuit of a suspect, the police may search your vehicle without a warrant
What Should You Do if You Believe Your Rights Were Violated?
Suppose you believe that the police conducted an illegal search without a warrant. In that case, there are specific steps you may take to protect your rights and defend your case in criminal court.
During a police interaction, do not resist or argue. Attempt to remain polite without volunteering any unnecessary information.
You must document everything you remember about the interaction. If you believe your rights are being violated, you can record the interaction, just so long as your recording does not interfere with police duties. Your effort to record the police must be in plain view.
Remember, anything you tell the police could be used against you and your criminal case. You have the right to remain silent, and you should exercise this right, even if you are innocent or believe that the police are performing duties unlawfully.
Schedule an In-Depth Case Review with an Experienced Criminal Defense Attorney Today
If you believe that your legal rights have been violated during an interaction with law enforcement, you must consult a criminal defense lawyer as soon as possible. You can’t afford not to.
Our Michigan law firm has extensive experience representing clients in complex criminal legal matters. To learn more about the benefits of retaining our legal counsel for your criminal offense case, don’t hesitate to get in touch with our law office to schedule your initial consultation with our legal team today.
The attorney and legal staff pride themselves on providing personal, honest, motivational, and tireless legal representation. To speak with the attorney, please call 810-498-2370.
