Legal Question in Criminal Law in Michigan

Had a search warrant served on my home for computer and storage devices. Police took items listed, then called me 3 weeks later needing me to sign a consent to search those items. Does this mean the warrant is bad.


Asked on 12/17/15, 6:25 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The search warrant initially gave police authority to seize / take items. That same search warrant should have explained why there was probable cause to search the items' contents, but it may have been overlooked and the warrant's approved terms don't empower police to snoop inside the devices. Law enforcement has 3 options now: try to get your consent, or try to get a search warrant approved by the court to check files on the devices, or do neither and likely return the items to you. Some judges/magistrates and prosecutors want police to try to get informed consent from the property owner before applying for a warrant. I don't think police "need" you to consent, but they can't threaten you in order to get consent -- your consent must be free and voluntary, not coerced. If you don't consent, they will likely apply for a search warrant to go inside the devices and whether the court approves it depends on the justification spelled out in the affidavit.

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Answered on 12/17/15, 7:06 am
Jared Austin Austin Legal Services, PLC

Probably not. The warrant was only to initially retrieve the items. The police need a search warrant or an exception to the search warrant requirement (such as consent) to log in and retrieve the internal information on them. Speak with an attorney before you decide on whether to give them consent.

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Answered on 12/17/15, 6:45 pm


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