Can Police In MI Search Your Car Without Consent Or A Warrant?
Nobody wants to get pulled over by the police in Michigan. Michigan residents don't want their car searched during a traffic stop. Can police in Michigan legally search your vehicle without a warrant in Michigan?
Avoid getting pulled over is a good start.
If you drive sober and don't drive like a moron you should be ok. Speeding, swerving and reckless driving will definitely get you pulled over. Distracted driving can also get you pulled over in Michigan and you can receive a fine.
Can police in Michigan legally search your car without a warrant?
Getting pulled over is an instant rush of adrenaline that isn't the good time of rush. It's the type of "rush" that could make you wet your pants a little. Police officers pull people over all of the time for traffic violations. Can police in Michigan search your car without a warrant?
The Fourth Ammendment protects our right to illegal search and seizure in the United States.
What Constitutes An Illegal Search Of My Car?
Grabel & Asscociates breaks it down:
The instances when police can validly search your car are more complex, but your constitutional right to be free of illegal search and seizures is still just as important. First, a police officer must have a valid reason for stopping your car. If after they stop your car, they see illegal items in plain view police may be able to collect that evidence and later use it against you. This means if a police officer walks up to the vehicle and sees narcotics, he can seize them.
Further, if the police think, have “probable cause” to believe, that the car has evidence of illegal activity such as weapons or other contraband in, they may be able to conduct a warrantless search of the rest your car. This may include your glove box, trunk or even backpack/purse. For example, if police pull you over and smell marijuana coming from the vehicle, they may be able to validly search any part of your car to look for evidence. Also, if police have placed you under arrest, they can search anywhere under your immediate control.
Although in many situations police may search your car without a warrant (the “automobile exception”), several limitations exist. It’s a good idea to consult with a Michigan search and seizure lawyer if police have taken evidence from your car.
Bottom line is, if you get pulled over and the police see some sort of contraband or something illegal, that gives them probable cause. If you feel that you have been illegally searched then call a Michigan search and seizure lawyer to help you.