How does the Exclusionary Rule apply to the Fourth Amendment, Search and Seizure, and Arrests?

Michigan Criminal Defense Attorneys - Lewis & Dickstein PLLC

The Fourth Amendment protects people against unreasonable arrest and seizure. The Fourth Amendment applies to people, their homes, and anything they own, such as purses, storage units, boats, and backpacks.

The Fourth Amendment guarantees,

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The “exclusionary rule,” which was created by courts, operates to prevent the introduction of evidence obtained in violation of the 4th Amendment. The Courts created the exclusionary rule is to deter police misconduct.

The Good Faith Exception

The United States Supreme Court established a Good-Faith exception to the exclusionary rule. The Good-Faith Exception requires the court to weigh the benefits of deterring police misconduct against the costs or injustice incurred when valid evidence is legally excluded. Court also has ruled that circumstances could exist in which the injustice of suppressing otherwise valid evidence could outweigh any slight benefit gained by attempting to deter police misconduct with the use of the exclusionary rule.

For example, if a law enforcement officer acted objectively, in good faith, and in an objectively reasonable manner and the search warrant is later found to be defective because of a judicial or technical error, excluding the evidence would not deter police misconduct.

Michigan Criminal Defense Attorneys

Michigan Adopted the Good Faith Exception in 2004

The Michigan Supreme Court adopted the Good-Faith Exception to the exclusionary rule for the state of Michigan in People v. Goldston, 470 Mich. 523, 682 N.W.2d 479 (2004).

Under federal and Michigan law, an investigatory stop of an automobile is limited to a brief, nonintrusive detention. A vehicle can be stopped legally if there are specific and articulable facts sufficient to give rise to a reasonable suspicion that there is a violation of a traffic or criminal law. An arrest requires probable cause to believe that the person being detained has committed or is committing a crime. An officer may legally arrest a person without a warrant if a felony or misdemeanor was committed in their presence, and under some other limited circumstances.

An officer may conduct a pat-down or frisk, a form of a limited search for weapons when the officer has reason to believe that the person may be armed and dangerous.

A violation of a person’s Fourth Amendment right to be free from unlawful arrest or improper searches and seizures may give rise to a Motion to Suppress, Suppression Hearing, and, if appropriate, suppression of illegally obtained evidence. If a judge suppresses the evidence, the prosecutor may have no choice but to dismiss some or all charges.

Michigan Criminal Defense Attorney

A Firm that Fights to Protect and Defend Your Constitutional Rights

If you have a search and seizure question or you believe the police may have stopped or searched you improperly, do not hesitate to call LEWIS & DICKSTEIN, P.L.L.C. Our attorneys fight to protect and defend our client’s constitutional rights every day. We are never intimidated by tough judges or aggressive prosecutors, and we will never sell you out. We will fight the government to get our client’s justice, and we are not afraid to do whatever is necessary to win! If you call us, we will take the time to talk with you, answer all of your questions, and address each of your concerns. We have a team of highly trained, dedicated, and experienced criminal defense lawyers who will collaborate and work together on your case to ensure you get the best possible result.

Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.

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

Contact Us - Michigan Criminal Defense Attorneys