Michigan Criminal Defense Attorneys - Group

A search warrant is unnecessary if you voluntarily permit law enforcement to search you or your property.

A consent to search will likely make a warrantless search acceptable and any “evidence” located admissible in a criminal prosecution. In United States v Lee, 793 F3d 680 (6th Cir. 2015), the Court upheld a lower court’s denial of Lee’s motion to suppress. Lee was on parole. He lived with his girlfriend. Police received a tip that there were possible weapons at the residence. A warrantless search ensued. The lower court said the search was acceptable because (1) there was consent, and (2) there was reasonable suspicion. The Sixth Circuit Court doubted that there was reasonable suspicion based on a single tip, without more. However, the court upheld the search based on consent. The defendant’s girlfriend gave consent to the search. The defendant argued he could not give valid consent because he was handcuffed. The court upheld the search based on the defendant responding to an officer’s question about anything he should not have in the apartment by saying, “No. Go ahead and look.”

When the police are at your door asking to look for something, the answer is “no!” After that, your response is silence. Nothing good can happen by agreeing to a search or saying anything to the police. Be courteous, but respectfully decline a search, clearly say you want a lawyer, and otherwise remain silent. If the police are entering your home without consent or seizing property without your consent, do not resist, or you will be charged with a crime. The proper remedy is a motion to suppress evidence and a lawsuit.

If the system worked perfectly, there might be less need for criminal defense lawyers. However, the system is imperfect; some police officers falsely claim that someone consented to a search. An officer making a false claim of consent may rely on a judge believing them instead of the accused defendant. Often, police and prosecutors turn a blind eye to officers of questionable character and integrity because dealing with police misconduct is difficult.

It takes an incredibly savvy and fearless defense lawyer to attack false evidence created by a police officer and prove that the officer’s representations are untruthful or inaccurate. Skillful cross-examination, a thorough investigation, and a passion for exposing police misconduct are required. The criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. have extensive experience attacking and exposing deficient investigations and false evidence.

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When confronted by law enforcement, many individuals feel compelled to consent to a search, often believing that refusing such a request may imply guilt or escalate the situation. However, understanding your rights and the implications of consenting to a search is crucial. Here are compelling reasons why you should never voluntarily consent to a law enforcement search without a warrant:

  • Protection of Your Fourth Amendment Rights: The Fourth Amendment of the U.S. Constitution protects citizens against unreasonable searches and seizures. By consenting to a search, you waive these protections, allowing officers to conduct a search without needing to demonstrate probable cause to a judge.
  • Preservation of Evidence: If you consent to a search and law enforcement finds incriminating evidence, it becomes significantly more challenging to dispute the legality of the evidence’s acquisition during your defense. A consented search essentially provides a legal pathway for evidence to be used against you in court.
  • Misinterpretation or Misplacement of Items: During a search, law enforcement may misinterpret the purpose or ownership of items found in your possession, leading to unfounded suspicions or accusations. Additionally, there’s a risk of your property being misplaced or damaged during the search process.
  • Lack of Legal Knowledge: Most individuals are not fully aware of the legal boundaries of a search. Law enforcement officers are trained in search procedures and may extend the search beyond what you initially believed you consented to. Once you’ve consented, it’s challenging to limit the scope of the search retroactively.
  • Pressure and Intimidation: Individuals often consent to searches under pressure or because they feel intimidated by law enforcement. Remember, you have the right to politely refuse a search and should not be coerced into waiving that right.
  • No Benefit to Consenting: There’s a common misconception that consenting to a search will lead to more lenient treatment by law enforcement. However, there is no guarantee that this will be the case, and consenting to a search does not assure you will avoid charges or penalties.
  • Legal Representation Matters: Before making any decisions that could impact your legal standing, it’s imperative to consult with a qualified criminal defense lawyer. An experienced attorney can advise you on the best course of action, ensuring your rights are protected throughout the process.

It’s important to note that if law enforcement has a valid warrant, they have the right to conduct a search regardless of your consent. In such cases, it’s crucial to comply with the search while noting any objections you may have for your legal counsel to address later.

Consenting to a law enforcement search without a warrant can significantly undermine your legal rights and defense. Always exercise your right to refuse a search and consult with a criminal defense attorney as soon as possible to navigate the complexities of the legal system effectively.

Why hire LEWIS & DICKSTEIN, P.L.L.C. to defend against criminal charges?

When facing criminal charges, the choice of legal representation can significantly impact the outcome of your case. Hiring LEWIS & DICKSTEIN, P.L.L.C. means choosing a law firm that stands out for its dedication, expertise, and unparalleled success in defending clients across Michigan. The firm’s unique team approach to criminal defense sets it apart, ensuring that every case benefits from the collective expertise of several highly respected and influential criminal defense lawyers. This collaborative strategy not only allows for a comprehensive examination of every aspect of a case but also fosters innovative defense tactics tailored to each client’s unique situation.

LEWIS & DICKSTEIN, P.L.L.C. is renowned for providing the highest possible level of service. The firm’s commitment to being prompt and responsive in client communication ensures that you are never left in the dark about the status of your case. Understanding the stress and uncertainty that come with criminal charges, the firm prioritizes clear, continuous communication, offering reassurance and clarity throughout the legal process.

Moreover, the tenacity with which LEWIS & DICKSTEIN, P.L.L.C. fights for its clients is unmatched. The firm’s attorneys are not just defenders; they are advocates who will tenaciously fight to achieve the best possible results, regardless of the complexity or difficulty of the case. Their unwavering commitment to justice and proven track record of success in negotiations and trial proceedings underscore their standing as a premier criminal defense law firm.

Choosing LEWIS & DICKSTEIN, P.L.L.C. to defend against criminal charges means entrusting your case to a team deeply committed to protecting your rights and securing your freedom. With their extensive experience, innovative defense strategies, and relentless pursuit of the best possible outcome, LEWIS & DICKSTEIN, P.L.L.C. offers the defense and peace of mind needed when facing the daunting prospect of criminal charges.

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Fighting to Suppress Illegally Seized Evidence

A consent to search does not always make a warrantless search acceptable. Each case is unique and needs an independent evaluation. Because these cases are different and present distinctive challenges and legal issues, you need a criminal law defense specialist to evaluate your situation and determine if you have a valid argument that the consent was not voluntary or a search was unconstitutional. Evidence seized due to a constitutional violation is generally not admissible at trial or court hearings. These are all issues that a first-rate criminal defense attorney can review with you and discuss the issues and possible defenses in your particular case.

The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending clients on felony and misdemeanor charges. The firm takes great pride in fighting to protect its clients from misuse of the criminal justice system. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. will stand up for your rights and ensure you have the level playing field you deserve.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you and, most importantly,
we are not afraid to win!

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