Legal Question in Criminal Law in Michigan

Re: house searches

Mere seizing a title does not mean the vehicle is seized.

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Re: house searches

The terms of the search warrant order approved by the judge or magistrate control what items can be "seized" (taken) from the house ("a white ranch-style house with black shutters and attached garage at 1234 Main Street, Anytown, Michigan"). Since we do not know exactly what "items to be seized" were approved in the order, it is hard to completely answer your question.

Theoretically, the order might have already listed the vehicle (usually described with some specificity, such as "a 1998 Oldsmobile Intrigue, red in color, VIN 1A23456789") to be seized from the location of the house. If it's not there, but found elsewhere shortly after the warrant was signed, police might still be able to seize it from that other location because it is a unique, specifically described object. (Police can't just seize EVERY red Intrigue since the Vehicle Identification Number specifies which one car in all the state can be seized.)

But, if the vehicle is not named in the current warrant and is not found at the house, mere seizure of the title or registration or other identifying paperwork does not give police free license to seize the vehicle. A second search warrant would be needed, which would have to spell out why there was probable cause to believe that the vehicle was linked to criminal activity. Essentially, the document from the house might "lead to" another search warrant.

If items have been taken by police and you question the legitimacy of that act, contact a criminal defense attorney, who can review the search warrant affidavit and signed warrant, and the list of seized evidence (the "search warrant return" that must be filed with the district court) to determine if the search can be challenged.

In order for YOU to challenge the search, you must have had a personal "reasonable expectation of privacy" in the place searched (here, the house and/or the vehicle). A total stranger to the case cannot raise this objection.