Illegal Search and Seizure in Detroit
Under federal and state law, you are protected against both illegal searches of your person and property, and illegal seizure of your property. Oftentimes, this means that without a warrant, police or investigating agents cannot search or seize anything on your person or property unless you give consent. In certain cases, a warrant may not be necessary, but you still have certain constitutional rights that can be validated which could render certain evidence inadmissible in court. It is critical that you review every detail of your investigation so that you are able to determine if any evidence gathered in your case may be inadmissible, or if your rights were violated in any way throughout any stage of your case. These serious police and prosecutor errors can help you gain an outstanding result, and possibly even a case dismissal which would allow you to avoid a complex legal battle all together. Our Detroit drug crime lawyers can help you work through the specifics of your case and determine the next steps you need to take to fight for an exceptional outcome in your legal battle.
At Grabel & Associates, our lawyers are committed to protecting the rights of Detroit’s accused, which means guarding against illegal search and seizures no matter what it takes. Our experienced attorneys have dedicated over a decade to building our firm’s reputation as one of the top criminal defense firms in Wayne County, and we are respected by clients statewide for our work in criminal investigations of all kinds. Whether you have been accused of a motor vehicle crime, a drug crime offense, or any other criminal offense in Detroit, our lawyers are available right now to begin fighting with you as you battle back against the sentence you are facing in your legal fight. We can be reached by phone or online now for a free initial case consultation and will immediately begin working with you towards an exceptional case outcome.
Search and Seizure Rights in Detroit Michigan – Criminal Defense in Wayne County
It is important to understand what constitutes a search and what constitutes a seizure as it relates to a criminal investigation. When any individual’s person, vehicle, home, or private property is searched by law enforcement, laws pertaining to search rights must be followed. In most cases, a search warrant must be obtained from a neutral judge or magistrate, based on probable cause, unless consent is given or an area is searched following an arrest. If you or a loved one is facing a search without a warrant, it is critical to remember that you have the right to deny officers, and you can and should politely decline their requests to search you or your property, no matter what they tell you the reason might be. As soon as you consent to a search, anything that police find can be used against you in court. You could significantly set your case back if you don’t use your rights to your advantage.
Seizure, also sometimes referred to as a “Terry Stop” in certain cases, occurs when an individual is detained on suspicion of committing a criminal offense. In order to detain a person, an officer must have reasonable suspicion and probable cause for arrest, as well as a warrant for arrest in some cases.
Results of Unlawful Search and Seizure in Detroit Criminal Cases
Because of constitutional protection against unreasonable search and seizure, anything found in a search that is unlawful will be omitted from court later on in a case, and cannot be used by the prosecution, which significantly weakens their case most of the time. If you are detained unlawfully, you may be able to seek damages from the police, and could have your case dismissed. As with any other violations of your rights, pointing out these errors will work to your advantage as you attempt to achieve a case dismissal or beneficial court decision.
Our Approach to Unlawful Search and Seizure in Detroit
At Grabel & Associates, we know how state and federal laws and rights work to affect Detroit criminal cases, and our lawyers understand the intricacies of search warrant regulations. We will work with you to guide you through the specific of your case and some of the key issues you need to address as you battle for a beneficial case outcome. Work with a lawyer who cares about your case outcome and who is committed to putting in the time to develop a case approach specific to your situation.
Contact Grabel & Associates for 24/7 Detroit Criminal Defense
To speak with one of our lawyers about search and seizure in Detroit, call 1-800-342-7896 or contact our firm online. We are always available for clients throughout Wayne County who are facing all kinds of criminal charges.