Legal Question in Criminal Law in Michigan

These are very complicated legal questions that cannot be properly answered without knowing a whole lot more of the facts and context. There is a lot of misconception about Miranda warnings thanks in large part to movies and television. Miranda warnings are required when someone is being interrogated while in police custody. What that means if someone is arrested or otherwise not free to leave and the police ask them questions that could incriminate themselves, they are required to give Miranda warnings. Miranda warnings are not required if someone voluntarily answers police questions when not under arrest. Also, even if there was a Miranda violation, the remedy is to suppress or keep out evidence the incriminating statements.Sometime it will keep out physical evidence if it would not have been obtained but/for the incriminating statement. A Miranda violation will never, ever invalidate an otherwise unlawful arrest.

As to the search, there are numerous exceptions to the search warrant requirement. You will need a lawyer to carefully review all aspects of the facts to make that determination. If there are glaring problems as you suggest they should be brought up on appeal by a good appellate lawyer. Only someone who is well versed in criminal law can adequately make any determinations on the effective assistance of his trial counsel.