Legal Question in Criminal Law in Michigan

No moving part, plastic look-alike gun

I was arrested for driving on a suspended license, without being read my rights, and the officer searched my car. He found a ''facimile handgun'' and I am now being charged with possesion of a dangerous weapon, a misdemeanor. The city of Westland has an ordinance that is quite lengthy, but I will say that it includes ''hobby models, in kit form or fully assembelled'', unbelievable. I did not have this replica in my pants or use it to commit a crime, but it was in my car. What rights do I have to transport a piece of plastic. Whether or not it looks like a gun shouldn't be consequential because I DIDN'T USE IT as a weapon. Any words of advice would be greatly appreciated.


Asked on 2/01/06, 6:49 pm

3 Answers from Attorneys
Thomas Loeb Law Offices of Thomas M. Loeb

Re: No moving part, plastic look-alike gun

If your license was suspended, then the officer had every right to search your car. And the failure to read you Miranda warnings doesn't matter in your case.

I suggest that you hire a lawyer. The ordinance is valid...

-Tom

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Answered on 2/01/06, 8:00 pm

Re: No moving part, plastic look-alike gun

You'll need a competent and aggressive attorney to determine if there are any ways to attack the stop, search and/or ordinance. Feel free to call us at 18005766035.

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Answered on 2/01/06, 8:09 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: No moving part, plastic look-alike gun

It is hard to give advice without some more facts. I can tell you that a search incident to an arrest is valid. You need to hire an attorney who will fight for your rights. Please feel free to contact my office to discuss the matter further. Eric I. Kutinsky, Esq. 866-384-ERIC

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Answered on 2/01/06, 9:21 pm


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