Legal Question in Criminal Law in Michigan
evidence found while searching for a person in a home
one of my stepsons was being sought for questioning by police. His brother told the office he wasn't home and let the office in to look. In looking for the one he found a small bag of pot in the room of the other. Is it legal for the police to use this found pot to charge the brother who was co-operating with the police in the search for the other?
2 Answers from Attorneys
Re: evidence found while searching for a person in a home
Yes, the police can use the evidence they find during a consent search.
For more information, go to:
www.AggressiveCriminalDefense.com
Re: evidence found while searching for a person in a home
Not neessarily a 'yes' answer. There are several cases dealing with the issue of consent to search a home/room. By law, police officers must have a warrant to enter one's home, however there are a few limited exeptions-- one being consent. However, with a good argument and supporting case law, there are ways to attack the consent exception to the warrant requirement. Too many to list here. For the time being, I would recommend that your son not talk to the police without an attorney. If he is in a situation where he is being questioned by the police, he ought to invoke his constitutional right to speak to his attorney. 248.865.4700 Daniel Hajji
Related Questions & Answers
-
Gun laws what happens to seller who sold a handgun used to kill in michigan, the... Asked 6/04/09, 5:07 pm in United States Michigan Criminal Law
-
Telecommunication violence i had an arguement with my sons grandfather over the... Asked 6/04/09, 12:22 pm in United States Michigan Criminal Law
-
What Can be done ? My younger brother age 51 yrs is living with my parrents age 78... Asked 6/04/09, 10:49 am in United States Michigan Criminal Law
-
A matter of theft? I know this is going to sound completely ridiculous and... Asked 6/03/09, 11:19 pm in United States Michigan Criminal Law