Legal Question in Criminal Law in Michigan

Police Procedure
I've been reading about many local B&E in my county, and many suspects have been arrest because there fingerprints supposely match those found at the crime scene. My question is, is it legal or even probable cause for police to arrest a suspect becasue he/she fingerprints were at the scene. Shouldn't they question an individual before arresting them. I mean commonsence tell me that at most crime scenes there are probably hundreds of fingerprints. Are fingerprints really enough evidence to get an arrest warrant for breaking and entering.

Asked on 10/25/08, 4:16 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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Re: Police Procedure

It is not required by law, but it is a good idea for police to try to interview someone before they are put into custody, because the suspect may talk more freely when they (think they) have more freedom.

But the fingerprint evidence alone may amount to probable cause that the person committed the crime. Depending on the particular item, or the location of the print on that item, the presence of this defendant's print at that location my be quite incriminating. For example, if a car was hot-wired and stolen, and the defendant's prints were found on a cover to the ignition wires underneath the dash, and on the steering wheel, an "innocent explanation" for those prints will be hard to come by.

Answered on 10/27/08, 9:09 am

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