MI Citizen Laws regarding Unwarranted Search??

[winkowski]

Can someone direct me to a link that would have a clear cut law outline of what rights I have as homeowner and the flexiblity an officer has as far as coming into my home and searching??


Quick Scenerio:
3:45 Early Friday Morning, I am awaken to a police officer Yelling at the top of my stairs to come up stairs. My roommate opened the door for the police as they said they were looking for a male who just ran from a stolen car and that his snow tracks let directly to our door. (Might you, that our sidewalks were shoveled) I started off being Polite, but there only concern was were was my other male roommate Sean, name given by my female roommate. I told them I didn't know where is was and they proceeded to search my house without my consent (the homeowner) I tell them he is probably at his girlfriends and tell them that they are illegally searching my house and I ask them if this is warranted.. He tells me that they are in HOT pursuit, but they didn't actually see anyone come into my house. They then bring in a K-9 to sniff around and after I further tell them that this is completely out of line, one officer starts asking me questions, like where are my shoes, and do I have tan jacket, what do I do for a living. I asked him I was underarrest and it was none of his concern.

Finally as they are leaving one of the officers flashes a light inside of my Jeep and sure enough there is a guy in there hiding out. Is this Sean they ask??? I tell them no, then the officer proceeds to ask me who this person is??? Like I should know!!! I told him to do his job right!!
They were so consumed in the fact that it had to be someone from our house and I feel completely violated as resident of this small city.

[Jynkxxie]

Try to look here:

http://www.michigan.gov/hal/0,1607,7...6877--,00.html

But I am sure that our 4th almost mimics the U.S. Constitution.

To Add: This search could have been under what they call exergent (sp) circumstances...Hence they would not need a warrant. But it depends on a lot of information that you left out in order to determine that.

[imalazypup]

From what you have told us, I don't feel that officers were out of line. They were pursuing someone, he led them to your house. They obviously were on the right track if they found the guy in your car. Would you rather them always just decide to not check instead?

Also, think of where they are coming from. Many people would aid their friend in a situation like this, i would think so.

I would discuss this more had I not a sh*t load of homework to do )-:
Back to the books. Awesome.

*edit*

Also, as Darrel pointed out, it's hard to say what's right/wrong with only one side of the story.

[darrell]

There were justifiyed in searchign your house. I will not go into the search warrant exceptions cause you need to look them up yourself. I will suggest this. Never question the officer in a situation like that cause that will piss them off even more then they are. If they mess up that is what you lawyer and the court room are for. If they are wrong then it will get kicked. Its never good to have anyoen search your place but I can't go into anymore detail cause i only have your side of the story to go on..

[ngcsubutterbar]

this is something I have to say, reguardless that many people here are cops or other such workers. If you do not question things, nothing will ever be changed. This is true in every single disciplane of work or existance. If you think something went wrong, contact their boss and file a complaint. If there is merit, it will be found if not, then it will not be found.


personally as a matter of safety if that car were accessibe and inbetween the officers and your house, it would have been the first thing I would have checked. If they did a spatial search, they wouldn't of had to come into your home.

[Jynkxxie]

I agree that we should questions things...But there are a lot of procedures that the average Civi knows nothing about. So questioning is good, but he is doing his homework before speaking too loudly which should be done as well.

[Orleander]

All I know is that if the cops showed up at my house in hot pursuit of someone, I would let them search. For all I know, an armed intruder broke into my house while I was in the basement. I can't imagine what would have happened to me if I had drove away with that man in my car. <shudder>

[ferriscj24]

Which city is this? Would you feel comfortable saying?

[121Traffic]

As for the spatial search, in defense of the officers, maybe he got in there after they already looked inside? Hoping they wouldn't check again? I dunno...not enough info here.

[ngcsubutterbar]

true not enough info to judge fully atm.

[Scoop]

There were justifiyed in searchign your house. I will not go into the search warrant exceptions cause you need to look them up yourself. I will suggest this. Never question the officer in a situation like that cause that will piss them off even more then they are. If they mess up that is what you lawyer and the court room are for. If they are wrong then it will get kicked. Its never good to have anyoen search your place but I can't go into anymore detail cause i only have your side of the story to go on..

You're a MSP trooper and your reply is "Don't ask, just do as you're told?"

Unacceptable. Especially from a sworn officer.

Winkowski: To address your original question from a high level, exceptions for a warrantless search include:

Border Searchs
Exigent Circumstances
Automobile exception
Consent
Hot Pursuit
Open Fields
Plain View/Feel
Inspections
Stop and Frisk
Search Incident to Arrest

The warrantless search was for the perp and was allowed based on the 'hot pursuit' exception (chasing perp; footprints led to house). It has to be 'hot' (or 'fresh'), though -- they can't show up two hours later and say, "Hey, someone said that they saw this dude go in here a few hours ago and ... "

Had they found anything illegal in your house that happened to be laying about in "plain view", yes, you could have been arrested. However, they did not/do not have the right to do anything more than a 'protective sweep' of anything in 'plain view' (to make sure someone isn't hiding out and/or weapons and such are not available to anyone in the house that could be used against them).

Had they opened drawers and found drugs, however, this evidence couldn't be used against you (minimum, it would have been tossed out based on the exclusionary rule [Weeks v US (1914); Mapp v OH (1961)] and the 14th Amendment's due process clause igniting your 4th Amendment right against illegal search & seizure.

[Jynkxxie]

O.k. for One, Darrell is not a sworn officer. K?

Two the information you posted will help the original poster, (Helped Me spell Exigent) however we still don't know all of the circumstances so how can anyone really say one way or the other. We are all just going off of an obviously emotional post. I hope the original poster comes back to read this so that he can actually get an answer to his question.

[winkowski]

Wow, I am blown away by all the wonderful feedback.. Thank you.

From Jynkxxie:
"I agree that we should questions things...But there are a lot of procedures that the average Civi knows nothing about. So questioning is good, but he is doing his homework before speaking too loudly which should be done as well."

That is correct, before I would like to do my homework before I file any complaint.
Also, thanks for the link, I will check it out!!

I will try to post the police report once I get it.. If that is even legal.
The City was Royal Oak.

Seeing that so many responded. Here is the complaint that I filled out.
Oh, By the way,, I also found the stolen car keys in my car the next day...FYI

I am reluctant on filing this complaint, cause I live in a small trendy city and we do like to party occasionally and I feel If I complain, it could only make things harder for myself down the line.

**************
January 19, 2004


I have been a resident at this address for the past five years and the homeowner for the past year and a half.

On Early Friday morning at 3:45am I was awaken to a police officer Yelling at the top of my stairs to come up the stairs. My roommate opened the door for the police reluctantly not wanting to let them in, but they were pushing there way into my home and startling her with loud and aggressive jargon. Check her complaint for a more accurate picture as I was still downstairs sleeping at that time. They said they were looking for a male who just ran from a stolen car and that his snow tracks let directly to our door. (Mind you, that our sidewalks were shoveled) As I was asked to sit down at my kitchen table, I started off being Polite, thinking that one of the officers would be courteous enough to explain the situation to me in my own house. Officer Steven Tyco was especially rude and unprofessional in his duty as his main concern was tracking my other male roommate who was not home at the time but at his girlfriend's house. I began to tell him that his search was Unwarranted and I asked them to leave. Following that, Tyco started questioning myself on "what I did for a living" which I told him was none of his business and then he proceeded with questioning where my shoes where, and if I owned a tan jacket, which I replied are you arresting me? They then bring in a K-9 to sniff around and after thoroughly going through my house after numerous times that overstayed there welcome with no respect for myself or my other roommates present. I told them that they have over welcomed their stay and again asked them to leave!

Finally as they were leaving one of the officers flashed his light inside of my Jeep and sure enough there is a guy in there hiding out. Is this Sean they ask??? I tell them no, then the officer proceeds to ask me who this person is??? Like I should know!!! I told him to do his job right!! They were so consumed in the fact that it had to be someone from our house and I feel completely violated as resident of this city. Is this Police procedure to just ransack someone's home without the permission or consent of the homeowner? They were going on plain suspicion and had no right to look through my house when I firmly told them to leave. I wonder if they would have reacted this way if one of Royal Oak's elderly people answered the door. I am completely appalled and would like some sort of response and explanation for this abrupt police behavior.

[Scoop]

O.k. for One, Darrell is not a sworn officer. K?

He uses the MSP shield/logo as an avatar. My bad for assuming, because most people don't do this unless they are employed/affiliated by the particular department.

however we still don't know all of the circumstances so how can anyone really say one way or the other. We are all just going off of an obviously emotional post.

I don't need to know all of his circumstances in order to tell him what statutory and case law states. I wasn't trying to give him specific advice on his situation; I was providing information relative to exception(s) to warrantless searches, the exclusionary rule as well as the case law and other means by which the laws/rights became applicable to both federal and state criminal cases.

[winkowski]

From what you have told us, I don't feel that officers were out of line. They were pursuing someone, he led them to your house. They obviously were on the right track if they found the guy in your car. Would you rather them always just decide to not check instead?

Also, think of where they are coming from. Many people would aid their friend in a situation like this, i would think so.

I would discuss this more had I not a sh*t load of homework to do )-:
Back to the books. Awesome.

*edit*

Also, as Darrel pointed out, it's hard to say what's right/wrong with only one side of the story.

I would like them to check my house as a concerned safety measure, but not as a suspect. I came upstair in my pajama's, droggy eyed and clearly someone not looking all awake and about running the streets. I tried to understand where they were coming from and I was polite enough to allow them through my house, but out of 4 - 6 officers one of them could have been professional enough explain what was going on.