Legal Question in Criminal Law in Michigan
Unwarranted Search and arrest for MIPI
There were a few minors and several 21 year olds at a private property party. The music was not loud. The police showed up, and walked in through the door (which may have been not fully shut) They then detained everyone and gave out MIPI's to all the minors. I was in the bathroom when they came in, and decided to stay there. Later they banged on the door. I asked if they had a warrant, and they didn't reply. I wanted to know what grounds they had for coming in to the property. They kicked in the door, told me I would have to pay for it and dragged me out. Later I was breathalized a .039, and given an MIPI. Do you think the MIPI could be dismissed on the basis of illegal search??
2 Answers from Attorneys
Re: Unwarranted Search and arrest for MIPI
It sounds like you have a great argument. Unless the police had a reason for a warantless search, you could prevail. Please call my office to discuss the matter further. Eric I. Kutinsky (866) M I C H D U I
Re: Unwarranted Search and arrest for MIPI
Once again, the cops are the bad guys because they discovered you and your buddies violating the law! Well, the answer to your question isn't as cut-and-dried as the first response suggests.
One issue you're going to have to deal with is whether you have "standing" to contest the police entry into and search of the house. It sounds like you were a visitor there. It wasn't your house, right? It may be that only the property owner or people who lived there can challenge the lawfullness of the police entry and any incriminating evidence seized and to be used against themselves ... not visitors.
Police do not need a "warrant" when they are witnessing a crime with their own eyes. So, assuming that their entry into the home isn't a reason for your charge to be dismissed, once they werein the house, if they had probable cause to believe that there were underage drinkers there (eg, they saw bottles/cans of beer, people there looked under 21, people acted drunk, etc.), they can then lawfully investigate MIPs for everyone ... including requesting that people take PBTs. As for them forcibly opening the bathroom door you were hiding behind, they could claim that, due to the number of intoxicated kids in the home, they were checking on your welfare. It is all too common for kids to drink way too much and have potentially lethal blood-alcohol contents. If the cops had knowingly left you behind the locked door and you died of alcohol poisoning, they'd be sued big time. So, the cost of a door is a small price for someone to pay to make sure you were ok.
Related Questions & Answers
-
Obsolvtion Is there any way that i can clear my criminal record so i can restart... Asked 4/25/03, 6:16 pm in United States Michigan Criminal Law
-
Embesselment I am waiting for an arrest warrent to be issued for embesselment-using... Asked 4/22/03, 10:12 am in United States Michigan Criminal Law
-
My vehicle was forfeiture i want to know how to get it back? my boyfriend was... Asked 4/07/03, 8:22 pm in United States Michigan Criminal Law