QUESTION
If an officer stops me in the street and detains me because he knows another officer needed to speak to me jus for questioning can they search you?
Asked on Dec 07th, 2012 on Criminal Law - Michigan
More details to this question:
My girlfriend called cops on me over an argument we had one night. She called the police I left after the argument. Not aware she called police on me. We got together next day and she told I asked her well am I in trouble do they want to arrest me. She didn’t know so she called the police station and asked if I had a warrant or anything they said no. the officer that was there the night needed to speak with me. When police stopped me in street an officer that knew of me he asked if I was aware that an officer needed to speak to me. I said yes. He said well come here until I figure out what they want to do with you. And next he told me to go against car and he was going to search me and started to search and found a bag of marijuana I had in my pocket was a quarter like 8 or 9 grams. I was going to refuse to the search but I felt like he would if anyway.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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I would suggest you hire a good criminal attorney immediately. It sounds like the search may be a potential issue. Need details.
Answered on Dec 11th, 2012 at 9:24 PM
John J. Carney
If you consented to the search, which I assume you did from what you say, then it was a legal search and you can get an ACD dismissal. You should never answer the questions of the police or consent to a search.
Answered on Dec 09th, 2012 at 8:21 PM
Michael J. Breczinski
They wanted to talk to you because of the criminal investigation. They can pat you down for weapons. If drugs are found most judges uphold the search. Get an attorney.
Answered on Dec 09th, 2012 at 7:03 PM
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You need to get an experienced criminal defense attorney to fight this action of the police. You have good arguments against this search and seizure. Good luck to you.
Answered on Dec 09th, 2012 at 6:59 PM
Adoptions Attorney serving Lansing, MI
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They have to have certain reasons that they can articulate to the court in order to justify a warrant less search. Once incident is called a Terry stop where the officer can do a precursory search if he believes you are about to engage in criminal activity to make sure you don't have any weapons or dangerous items on you. Of course, if he finds contraband during the search such as drugs, it is a valid seizure. Other than that, he would have to have probable cause to believe that you had drugs on you.
Answered on Dec 07th, 2012 at 3:20 PM