Michigan Police Searches

When Police Ask If They Can Conduct a Search

Perhaps the most important opportunity you have to protect your Constitutional rights is when you are confronted by the police without an attorney present.  You may not even have done anything illegal. At the moment the police are with you, and you do not have experienced legal counsel by your side, you are at your most vulnerable. The police know this and are likely to try and get you to say something incriminating or to get you to submit to a search.

Therefore it is important, when police ask if they can search you or your surroundings, to protect your rights as best you can.  But in order to do that effectively, you first need to know what those rights are.  First and foremost, you have the right to refuse to consent to a search. In other words, you cannot be forced to give the police your permission to conduct a search of yourself, your car or your home. However, this should not be confused with police conducting a search without your consent. When law enforcement begins a search without your consent, you should tell them they do not have your consent to search. However, never resist a police officer, never obstruct an officer and never flee from the police. Here is what to keep in mind if the police ask you if they can conduct a search:

Be calm and courteous.  If a police officer in Michigan pulls you over for atraffic stop or comes knocking at your front door, the first thing to remember is to try to remain as relaxed and polite as possible.  Police know that their mere presence is intimidating to most people and that people often react to this feeling of intimidation by either (1) saying things that are not in their best interests, or (2) acting in ways that the police might interpret as disrespectful.  Both of these reactions will just get you in more trouble even if you have not done anything illegal. Stay calm, be polite and respectful but do not be intimidated by the police.  

Do not consent to the search.  If the officer asks if he or she can conduct a search of your person or of your car or house, politely assert your right not to consent to the search. You do not have to consent to a police search!  Unfortunately, the police do not have to advise you that you have the right to refuse consent; therefore, you need to actively assert that right. The police are prohibited from making a search of your car, your house, or any other place where you have a "reasonable expectation of privacy," unless they have one of the following:

(1) Your consent

(2) A search warrant

(3) Probable cause to believe that a crime has been (or is in the process of being) committed and the circumstances make it impossible (or highly impractical) to get a warrant

(4) A motor vehicle is involved. 

If the police request your permission to conduct a search, you should politely tell them calmly and firmly, "I respectfully refuse to consent to a search."  Do not let police bully you into consenting. Often they will indicate that if you did not have anything to hide, then you would not be refusing to consent. Just repeat that you are respectfully refusing to consent to a search. That's your right in the state of Michigan and in the United States. You should contact us as soon as possible to protect your rights. We can be reached confidentially at 1 866-766-5245.

At this point, the police will often reply that they can get a warrant anyway, so therefore you should just go ahead and consent.  But remember: the police cannot just get a warrant because they want to. They need specific, probable cause to do so and they need to be able to convince the judge about their probable cause for needing a warrant. Therefore, they should be able to explain it to you. Even when the police try to explain their reasons for wanting to search you, your car or your home, you should refuse that request. Probable cause to search is defined as facts that would lead a reasonably cautious person to believe that evidence of a crime will be found in the stated place.  Politely tell the officers that if they plan on requesting a search warrant, than you would like to know specifically what they are searching for and why they think they have probable cause.  Keep in mind that your refusal to consent to a search does not, by itself, give the police probable cause.  

However, even if you do not give consent, there are a few instances in which police may still conduct a warrantless search:

If the police have probable cause to believe that evidence will be destroyed, or that others are in imminent danger.

If you are already under arrest, then the police may search your person and the immediate area, or "wingspan." This is known as a "search incident to arrest." If the arrest takes place in a building, the "wingspan" is usually the room in which you are arrested, not the whole building; if the arrest takes place during a traffic stop, the "wingspan" is the passenger section of the vehicle, not the trunk of the vehicle.

If the police have a search warrant, exercise your right to see it.Remember, a search warrant needs to be specific.  Read the warrant carefully. The first thing to notice is if the warrant lists the correct address of the place to be searched (if it is a building), and if it is signed by a judge.  The absence of either of these details makes the warrant invalid and the police cannot conduct the search. Also, notice which areas the warrant says may be searched, and notice if the police search areas not covered by the warrant. If police search areas not mentioned in the signed warrant, they are conducting an illegal search. However, that is not a discussion you should have with the police. That discussion is between you and your Michigan attorney. You will almost always lose an argument with a police officer in the field. We'll handle that problem for you in a courtroom.

Contact an experienced attorney as soon as possible. It is clearly in your best interests to contact an experienced, trusted attorney as soon as possible after the police ask to conduct a search. If you can avoid it, do not wait until the search is conducted before contacting one of our attorneys. For example, if you refuse consent to a search, and the police must wait for the issuance of a search warrant, you may have time to contact an attorney. The attorney would then have the opportunity to arrive at your location prior to a search. In any event, you want your legal representative to be notified and involved as quickly as possible to make sure that your Fourth Amendment rights are protected. We can be reached at 1 866-766-5245 and our phones are answered 24 / 7.