Legal Question in Criminal Law in Michigan

search and seizure

Cops cpme over to my house with the excuse that someone was fleeing and eluding on a motorcycle. my roommate met them at the door and said that i drove the motorcycle parked outside well they claimed the suspect was driving eratically and suspected ouil well my roommate was pushed out of the way and the officers came in and arrested me from my room and walked me out side read my rights and asked me to blow i asked for a lawyer because i was not on opperating a motor vehicle. well my roommate was furious and so was i cause i was home at least 15 min and was never pulled over and my roommate neither gave consent nor implied consent and beyond that they had no consent to search my room because i shared it with no one. have the new ouil laws changed so drastically our 4th ammendment means nothing?


Asked on 10/06/00, 12:43 pm

1 Answer from Attorneys
Sanford Schulman Schulman & Associates, P.C.

Re: search and seizure

You can challenge the arrest on the basis that the police did not have probable cause to enter the premise without a warrant and no valid exception to the warrantless search ie: exigent circumstances, consent, plain view etc.

A judge will have to decide this issue and the police will testify that your roommate gave them consent.

YOu should get all the discovery materials in the matter and consider whether the police will testify to seeing YOU drive. Did they ever lose sight of you? What was your breathalyzer test result? Did you take sobriety tests?

Sanford A. Schulman

1-800-529-7747

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Answered on 11/05/00, 8:54 am


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