Legal Question in Real Estate Law in Michigan

I had a large party at my house last night, and I am underage. State cops supposedly wish to obtain a search warrant to probe my house. My question is what are their requirements for a search warrant, and what will happen next?


Asked on 11/29/09, 5:00 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

by underage, do you mean under 21, or under 18? If you are under 18, then you don't legally own a residence. if you live in a house with your parents or other roommates, and a search warrant is issued only for you, then the police can only search your bedroom or areas in the house, not a roommate's room.

where are you getting this information? did a police officer contact you? it does not make sense that the police would want to search your house after the party was already over and there is nobody there, unless there is reason to believe there are drugs, illegal weapons, or other items still within the house. if they were looking to arrest minors for consuming alcohol, they would have searched the house while the party was in progress, as they can't prove minors in possession of alcohol after the fact.

a search warrant is issued when there is probable cause to believe there are illegal activities or items within the house, which could be based on eyewitnesses (from the party) who provided information to the police, which the police feel is reliable and sufficient, or the police department's surveillance of your house, your personal activities, or any known information about you (such as a criminal background).

if you have nothing to hide, then you don't have anything to worry about. you may wish to immediately contact a lawyer. if the police obtain a warrant, then they can legally perform a search. if the warrant is later proven to be invalid or improper, then any and all information obtained during the search is suppressed and not admissible in court, which could negate any and all charges against you.

if you're just relying on rumors, then you're wasting your time seeking legal advice. again, due to facts unknown based on your question, you may want to contact a lawyer immediately.

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Answered on 12/08/09, 1:27 am


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