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?


Asked on 6/05/09, 8:45 am

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.

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www.AggressiveCriminalDefense.com

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Answered on 6/05/09, 9:14 am
Daniel Hajji Daniel Hajji & Associates

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

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Answered on 6/05/09, 12:10 pm


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