Legal Question in Criminal Law in Michigan

Re: serch and seazure

What's your question? I'll assume that you're wondering if the search that they did perform was valid, and if the evidence of pot that they found can be suppressed (thrown out). Right?

Your limited facts raise more questions in my mind than the one I'm assuming that you asked. For instance:

1. You said that the cops' suspicion that your car was stolen was the reason for your car being stopped. What information did they have: general vehicle make/model description, or a plate #? If it was the former, then they'd have more latitude to stop your car for a reasonably short period of time to see if it was "The Car". If they had a plate, and your plate was different, then the stop seems flawed, and the search might get suppressed.

2. What happened between the time your car was stopped and when you were in the back of the patrol car? What did the cops say/ask/do? What did you say/ask/do?

3. How long were you detained before the search occurred?

4. Were you arrested before the search, or just detained?

5. Where was the pot? If any of it was in "plain view", then a warrantless search may have been ok.

6. Had you been smoking pot before the stop? If so, an odor of burned pot may have given them probable cause to search.

7. Did the cops ask for permission to search? what did you tell them?