Legal Question in Criminal Law in Michigan

illegal entry

My 19 yo son was arrested for a minor in possession of alcohol charge. at the time of his arrest, he was sleeping in his rental home with three of the other tenants. the front door was shut and it was 3 AM. a male guest at the house with a girl whose father was looking for her let the police in the front door so they could see her. the police then woke up my son and all the tenants and brought them for breathalyzer tests and booking and jail overnite for the mip charge. they are due in court in 2 weeks. Does my son have rights on how they came into the house and therefore dismissal of the mip charge??


Asked on 2/26/08, 8:43 am

3 Answers from Attorneys

Re: illegal entry

There are important facts in your son's case that might lead to a dismissal of the charges. If you'd like to hire an aggressive attorney to fight for him, call us at 1 8667665245.

Chuck Kronzek

www.AggressiveCriminalDefense.com

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Answered on 2/26/08, 9:23 am
Stuart Collis Collis, Griffor & Hendra, PC

Re: illegal entry

If the police were permitted in, they could look around.

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Answered on 2/26/08, 10:35 am
William Morrison Action Defense Center

Re: illegal entry

It's interesting to dwell on the constitutional aspects of unauthorized entry and the consequent suppression of evidence garnered thereby. Without that evidence, there can be no case.

However...

Your son's recollection of his arrest as told to . to you, his father, seems flawed.

Minors charged with possession of alcohol don't get taken to jail absent other offense behavior. First conviction of the offense carries no jail time by statute; only a $100 fine. None of my minor clients were ever jailed, they just got tickets with a notice to appear in court.

The point is, before turning to the law, get the facts which - when involving a 19 year old caught with alcohol - are often illusory.

One fact seems clear - your son had been drinking in violation of Michigan law. If he pleads under the MIP statute and stays out of trouble for a year, (abstinence from alcohol required) there will be no record of this offense.

If he insists upon his constitutional rights, he may possibly win. The cost of his defense will far exceed the $100 fine

Ultimately it may depend upon what you want your son to learn from this experience.

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Answered on 2/26/08, 8:29 pm


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