Michigan Criminal Defense Attorneys - Group

The Incident to Arrest Doctrine

The United States Supreme Court has ruled that a search of the passenger compartment of a vehicle following an arrest is allowed “only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest. When these justifications are absent, a search of an arrestee’s vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies.” If a search incident to arrest violated the 4th Amendment, an experienced defense lawyer will file a Motion to Suppress Evidence.

When can police conduct a search because a person is arrested?

The search incident to arrest can be justified by the suspect’s ability to reach an area, destroy evidence, or reach a weapon. However, once the suspect is handcuffed and moved away from the vehicle, the suspect’s ability to get evidence or a weapon is eliminated or significantly reduced. The Court has recognized that a search of a vehicle incident to the arrest of a recent occupant may also be justified “when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.”

Once the arrestee is secured, a search of the vehicle incident to arrest is lawful only when there is a reason to believe that the vehicle holds evidence of the underlying crime on which the arrest is based. Depending on their unique facts, other search doctrines may apply to particular cases. Fourth Amendment warrant clause exceptions of consent, probation/parole search, exigent circumstances, vehicle “frisk” for weapons upon appropriate reasonable suspicion, inventory, and community caretaking continue to apply potentially.

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What happens if a search is ruled unconstitutional?

Contrary to popular belief, if a search is ruled unconstitutional, this does not result in the automatic dismissal of charges. If a search incident to arrest violated the 4th Amendment right against unreasonable searches and seizures, the court would suppress any evidence discovered in the violative search. If the prosecution has enough evidence to proceed to trial, the case will still proceed to trial without the suppressed evidence. The benefit of litigating and winning a suppression motion, even if it doesn’t result in the dismissal of all charges, is that the prosecution’s case will likely be severely weakened. Additionally, a prosecutor refusing to consider a plea bargain before suppression will probably change their tune when their evidence has been thrown out of court. If there is insufficient evidence for the prosecutor to take the case to trial after the court orders suppression, the case will be dismissed.

The Good Faith Exception

Evidence seized in violation of a defendant’s 4th Amendment rights, including a search incident to arrest, will not always be suppressed. The Michigan Supreme Court has found that the good-faith exception to the exclusionary rule, frequently applied in federal cases, is valid in Michigan. The purpose of the exclusionary rule is to deter police misconduct. The court ruled that this purpose would not be furthered by excluding evidence the police recovered in the objective, good-faith reliance on a search warrant. If a court finds that the police acted in “good faith,” the court may not rule that the evidence should be suppressed. Because this can be a close, subjective call by the judge, this is where great criminal defense lawyers have a considerable advantage over lesser qualified and skilled attorneys.

Michigan Criminal Defense Attorneys - Group

Getting Evidence Suppressed with Search and Seizure Motions in Michigan

The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has achieved unprecedented success in challenging illegal searches and seizures in federal and state courts throughout Michigan, including searches incident to arrest. When other lawyers are too timid or unaware to challenge unconstitutional police conduct effectively, their clients can be wrongfully convicted and incarcerated. A great defense lawyer is not afraid to win! If you have a search, seizure, or suppression issue in your case and would like a free consultation, please do not hesitate to contact the good and affordable defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. When you work with our firm, you can expect the following:

  • Extensive experience in criminal defense
  • Expertise in constitutional law
  • Proven track record of handling cases involving police misconduct
  • Strong investigative skills
  • Excellent negotiation abilities
  • Aggressive litigation strategy
  • Detail-oriented approach
  • High ethical standards
  • Effective communication skills
  • Commitment to client confidentiality and trust

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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