When Does a Police Search Violate Your Rights in Michigan?
The Fourth Amendment protects against unreasonable government searches and seizures. Michigan Constitution, Article 1, §11 provides similar protection under Michigan law and expressly addresses electronic data and communications.
A search can raise constitutional issues when police lack the legal authority to conduct it or exceed their authority. Finding evidence does not by itself establish that the search was lawful. The important questions include why the police searched, what they were authorized to search, and whether they stayed within those limits.
When police use a search warrant, we can examine the warrant and the information supporting it. When officers search without a warrant, we can examine the exception they claim allowed them to do so and whether the circumstances satisfied its requirements.
When Do Michigan Police Need a Search Warrant?
Police generally need a warrant or a recognized exception to conduct a search in an area where you have a constitutionally protected privacy interest. When officers obtain a search warrant, the warrant limits what they can search and seize.
Michigan Compiled Laws § 780.654 requires a search warrant to identify the place to be searched and the property or thing to be seized. The warrant must also state the grounds or probable cause supporting the search, or include the supporting affidavit.
A search warrant does not give police unlimited authority. If officers searched a location that was not covered by the warrant or seized property outside the warrant’s scope, those circumstances may provide grounds to challenge the evidence.
A Michigan search and seizure lawyer can also examine whether the warrant was properly issued and whether the information supporting it provided the required legal basis for the search.
When Can Police Search Without a Warrant in Michigan?
A search warrant is not required in every situation. Courts recognize several exceptions that allow police to conduct a warrantless search, but officers must satisfy the requirements of the exception they rely on.
Depending on the circumstances, those exceptions can include:
- Consent: Police may search when someone with authority gives voluntary consent. You generally do not have to consent simply because an officer asks. The scope of the search can also depend on the permission granted.
- Search incident to a lawful arrest: Police have limited authority to conduct certain searches after making a lawful arrest. An arrest does not automatically give officers unlimited authority to search everything a person owns.
- Automobile exception: Under certain circumstances, police may search a vehicle without a warrant when they have probable cause. A traffic stop alone does not automatically authorize a search of the vehicle.
- Exigent circumstances: An emergency can sometimes allow police to act without waiting for a warrant. Officers must still have facts supporting the circumstances that make obtaining a warrant impractical or impossible.
- Plain view: Officers may sometimes seize evidence they observe while lawfully present at a location. The plain-view doctrine does not generally permit police to justify an unlawful entry simply because they saw evidence after entering.
The specific facts surrounding the search matter. If police claim an exception allowed them to search without a warrant, we can examine whether the facts actually supported that exception.
Where Do You Have Fourth Amendment Protection in Michigan?
Your constitutional protections can apply to different types of searches, including searches of your home, vehicle, personal belongings, and electronic devices. The specific rules depend on what the police searched, where the search occurred, and the circumstances surrounding it.
Your Home Receives Strong Constitutional Protection
Your home receives significant protection against unreasonable government searches. Police generally need a warrant or a recognized exception before entering your home to search for evidence.
A warrant also limits where officers can search. If police obtained a warrant for a particular location, we can examine whether they stayed within the areas the warrant authorized them to search, and whether they seized property they were legally permitted to take.
If officers entered your home without a warrant, we can examine the exception they relied on and whether the circumstances supported it.
A Traffic Stop Does Not Automatically Allow Police to Search Your Vehicle
Being pulled over does not automatically give police permission to search your vehicle. If officers searched your car without a warrant, the legality of the search can depend on the reason for the search and the facts known to police before they conducted it.
For example, if police rely on the automobile exception, they generally need the probable cause required for that exception. The reason for the traffic stop and the legal basis for a subsequent vehicle search are separate questions.
After a warrantless vehicle search, we can review the circumstances of the stop, what officers observed, and what they knew before searching the vehicle.
Cell Phone Searches Can Raise Digital Privacy Issues
Your cell phone can contain extensive personal information, including messages, photographs, location information, emails, and other data. Police possession of your phone does not automatically give them unrestricted access to everything stored on it.
Michigan’s Constitution expressly extends search-and-seizure protection to electronic data and communications. Depending on the circumstances, police may need a warrant or another recognized legal basis before searching information stored on a phone.
We can examine what the police did with your phone, whether they obtained a warrant, what the warrant authorized, and whether officers stayed within its scope.
Can Illegally Obtained Evidence Be Suppressed in Michigan?
If police obtained evidence through a search or seizure that violated your constitutional rights, your attorney may be able to ask the court to suppress that evidence.
A suppression motion requires identifying the constitutional problem and establishing why the challenged evidence should be excluded. The court may consider the circumstances of the search, the legal authority the police relied on, and other facts surrounding the acquisition of the evidence.
Depending on the circumstances, a successful challenge could:
- Prevent certain evidence from being used by prosecutors.
- Raise additional issues with evidence discovered as a result of an unlawful search.
- Change the evidence available to prosecutors when they attempt to prove the criminal charge.
Suppression does not automatically end a criminal case. Prosecutors may still be able to proceed if they have sufficient admissible evidence to support the charge.
That makes it important to examine how significant the challenged evidence is to the prosecution’s case, rather than assuming that suppression will automatically result in dismissal.
How Can You Challenge an Illegal Police Search in Michigan?
When police claim that a search was lawful, their explanation is not necessarily the end of the analysis. A Michigan criminal defense attorney can examine the circumstances surrounding the search and determine whether there are grounds to challenge the evidence.
Some of the questions we may consider include:
Was the Search Warrant Valid?
We can review the warrant and the information submitted to obtain it. This can include examining whether the warrant identified the place to be searched and the property or evidence police were authorized to seize.
Did Police Search the Location Covered by the Warrant?
A warrant limits where officers can search. If police searched an area that was outside the warrant’s scope, we can examine whether that conduct created grounds to challenge the evidence they found.
Did a Warrant Exception Apply?
When police did not obtain a warrant, we can identify the exception they claim authorized the search. We can then examine whether the facts known to the officers supported the use of that exception.
Did Police Exceed Their Legal Authority?
A lawful search can still raise constitutional issues if officers go beyond the authority they were given. We can examine what the police were permitted to do and compare that authority with what they actually did.
If the circumstances provide a legal basis to challenge the search, we can file a motion to suppress evidence when appropriate. Addressing these issues before trial can help determine which evidence prosecutors may use as the case proceeds.
