Legal Question in Civil Rights Law in Michigan

Illegal car search?

My friend and I were returning home one night. It was my friend's car and he was driving. We got pulled over and the officer said that a headlight was out. Also, my friend did not have a valid proof of insurance on him to present. The officer asked my friend if there was anything illegal in the car, and he said no. Then, he asked if it would be ok to search the car. My friend asked why he wanted to search his car for a headlight. Right away, the officer demanded us to step out of the car and they proceeded to search anyway. They found half a gram of marijuana and a pipe underneath my seat. We were both arrested and the car was impounded. Was this legal? The officer never mentioned any probable cause to conduct the search, and we are both positive that there was nothing in sight. There couldn't have been a smell because we hadn't even smoked in the car. My friend got tickets for a burned out headlight and no proof of insurance. We both got tickets for possession of marijuana and possession of paraphernalia. Some advice would be great.


Asked on 9/10/03, 6:30 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Illegal car search?

With the facts that you have presented, it is quite likely that the search was illegal and you could surpress the evidence. However, you definitely should retain a good attorney to represent you. Bill Stern 248-353-9400

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Answered on 9/10/03, 7:58 pm


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