Legal Question in Criminal Law in Michigan

Re: selling beer and home search

They can not search your home without a warrant or an exception to the warrant requirement. For example, if you give them consent they can search your home. It should not be illegal for you to sell beer to friends, but I would have to look at the complaint to see what the allegations are. Give me a call 5862855000.

Re: selling beer and home search

Selling beer without a liquor license is unlawful.

The police normally cannot search your home without either a warrant or probable cause. There are some circumstances that do allow a search without either of these things.

You need an experienced, tough attorney to fight for you. Feel free to phone us for a free consultation if you'd like to have a lawyer fighting for you. We can be reached at

1 8667665245

For more information, go to:

www.AggressiveCriminalDefense.com

Re: selling beer and home search

The other two answers missed a big issue, which I'll cover below.

But first, as they noted, whether the police search was illegal depends on all the circumstances of the case, including whether any facts support an exception to the constitutional requirement that they get a search warrant.

One exception can be "plain view", meaning that police see contraband/evidence in front of them when they are in a place they have a right to be, can be seized. (But, were they lawfully in a place to observe the beer? Were they invited guests in the place?) This is especially important when the evidence is something that can be detroyed so easily (pouring beer down the drain ... like in drug cases when drugs can be 'flushed'); waiting to get a search warrant increases the likelihood that the evidence will be gone by the time the cops get back. This is called an "exigency" that lets police do things that otherwise would require a warrant.

"Consent" by the property owner or occupant allows police to search and/or seize without getting a warrant. But, whether the consent was 'knowing' and 'voluntary' has to be looked at.

ALL of these things have to be analyzed by a defense attorney to see if evidence can be suppressed, charges can be dismissed or reduced, etc. So, hire one or get a court-appointed attorney ASAP.

As for the beer selling question ... it IS illegal to sell beer or alcohol, unless you have a license to do so through the Michigan Liquor Control Commission or other agency. The fact that you are selling to 'friends', or that it's a nominal amount of beer, or even a nominal fee, are not defenses to the crime. This why cops bust college "keggers" (aside from the underage drinking issue) and "blind pigs".

Another issue you need to consider -- that was not brought up by the other lawyers -- is whether, by selling the beer to friends, you have now taken on the responsibility that bars have to not "provide" alcohol to a person who is visibily intoxicated. Bars buy insurance to cover lawsuits and damages for so-called "dram shop" violations (where the provide alcohol to visibly intoxicated people who later go out and cause death, injury and damage) ... but you didn't, and your home-owner's insurance might not cover this. By selling the beer, you may have significantly increased your financial risks of being sued by someone who gets hurt by one of your drunk friends. [For more info on this issue, go to the "Legal Lad" web site at http://legallad.quickanddirtytips.com/EpisodeList.aspx and scroll down to Episode #17, called "A Social Host's Liability for Serving Alcohol". Click the blue arrow at the left to read the full text of the 4-minute podcast recording. It explains the issue in non-lawyer talk.]