A search without a warrant can result in suppression of evidence.
A search without a warrant is illegal unless there is an exception, such as consent to search or emergency.
There must be a search warrant, or an exception to it, to make the search legal. One of the most common exceptions is the consent to search. The Consent Exception can be problematic because most people do not realize that they do not have to consent to a police search. Also, most people are frightened when law enforcement is present, in uniform, with badges and guns, and are to afraid to say no. Therefore, a consent search is not necessarily voluntary. In the recent case of US v Lee, Mr. Lee was on parole. Lee’s parole officer received hearsay information that Lee may be involved with guns. The parole officer visited Lee’s home with two police officers. They were invited in by Lee’s girlfriend. Lee was cuffed and patted down. Police asked him if he had anything illegal in the home. He told them no and that they could look. The police found a gun during the search. Lee filed a motion to suppress the gun as evidence. The judge denied the Motion to Suppress, and the trial court determined the search was valid. On appeal, the court of appeals held,
“The fact that the defendant was handcuffed at the time he consented to the search did not render his consent involuntary. Further, the court held that the defendant’s statement that the officers could go ahead and look was sufficient to provide consent to the search.”
This case reaffirms the point that when police officers ask for permission to search, the answer should always be “not without a warrant.”
Michigan Criminal Defense Attorneys Who Have a Remarkable Success Rate In Having Searches Declared Illegal
There are many exceptions to the requirement that police get a search warrant to conduct a search legally. If you have a search issue that you feel was improper and illegal, you need to speak to the attorneys of LEWIS & DICKSTEIN, P.L.L.C. as soon as possible. The firm’s attorneys are specialists in constitutional law as it relates to issues relative to searches and seizures and criminal law. To protect yourself and make sure that the Government has not overstepped, you must consult with the law firm that can advise you of your rights and also protect them. The attorneys have decades of experience successfully defending people charged with criminal offenses.
The lawyers of LEWIS & DICKSTEIN, P.L.L.C. are well respected and have an unparalleled record of success. The firm’s lawyers often get results for clients that even impress other lawyers! If you have questions or are facing criminal law problems, call LEWIS & DICKSTEIN, P.L.L.C., and we will take the time to talk with you, answer your questions, address your concerns, and work with you to develop a winning strategy.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.