The Court should dismiss your case if the police violated your 4th Amendment Rights!
In Payton v. New York, the United States Supreme Court held an officer could not forcibly enter a residence to make a warrantless felony arrest unless exigent circumstances are present, regardless of whether there is a state statute that gives the officer the authority to forcibly enter to the residence.
Despite common misconceptions about the powers of law enforcement in Michigan, the law (MCL 764.21) does not automatically authorize a police officer to make a forcible entry into a home to effectuate a warrantless felony arrest. Exigent circumstances must exist before a police officer can make a forcible, non-consensual entry into a residence to effectuate a warrantless felony arrest. Examples of exigent circumstances include hot pursuit, substantial need to prevent a suspect’s escape, and significant and apparent danger to the police or others. Officers regularly makeup or exaggerate facts to justify a warrantless entry by claiming “exigent circumstances.”
It is common for an officer, for example, to claim that they believed a suspect would destroy evidence if the officers took time to get a warrant. This type of excuse, if frequently a pretext and the alleged emergency or exigency, is only created when the officers approach the home and attempt to force entry. In most of these cases, the officer can get the warrant before arriving at the home, and the “exigency” never has to materialize.
If arrested in violation of the 4th Amendment right to be free from Unreasonable Searches and Seizures, a defendant can file a Motion to Suppress any evidence. The evidence gathered during the arrest and the unlawful search that is almost certain to occur contemporaneously with the arrest.
Lawyers for Search and Seizure Violations
When it comes to criminal law cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. Even in less serious cases and misdemeanor cases, a good criminal defense attorney can make a serious impact on the outcome of the case protected the legal rights of the accused throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available.
An experienced, aggressive Michigan Criminal Defense Attorney can help someone is charged with a crime or under investigation. LEWIS & DICKSTEIN, P.L.L.C. is Michigan’s Premier Criminal Defense Law Firm and is available to help anyone charged with or accused of committing a felony or misdemeanor criminal offense in Michigan. Call us today for a free consultation, or fill out a request for assistance form and we will contact you.