A search without a warrant can result in the suppression of evidence.
A search without a warrant is illegal unless there is an exception, such as consent to search or emergency. Evidence obtained through an illegal search is subject to suppression.
The 4th Amendment Protects Us Against an Unreasonable Search or Seizure
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 can refuse to consent to a police search. Most people are also frightened when law enforcement is present, in uniform, with badges and guns, and afraid to say “no.” Therefore, a consent search, when there is a search without a warrant, 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 without a warrant issue, or any search 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 related to searches and seizures and criminal law issues. To protect yourself and ensure that the Government has not overstepped, you must consult with the law firm to advise you of your rights and 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. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
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