Motor Vehicle Exceptions - Michigan Criminal Defense - Attorney Josh Jones - Warrantless Searches

Motor Vehicle Exception - Warrantless Search Explained

Once an individual motorist has been pulled over and the police officer has probable cause to search that particular vehicle a warrant will not be necessary in order to actually search the vehicle. This is known as the Motor Vehicle Exception to the Fourth Amendment’s requirement of a warrant for searches. The reasoning for such a rule is because of the easy ability for a vehicle to be readily mobile.

The rule generally states that an officer is allowed to search all compartments and areas of a vehicle, without the need for a warrant, if there is probable cause to believe that the particular area to be searched contains contraband. This can occur if the contraband is viewed in plain sight, meaning as the officer is near the vehicle and sees the contraband then he or she will have probable cause to search the vehicle. Moreover, this rule does not stop a police officer from searching the passengers of the vehicle when the individual to be searched has the ability to conceal or hold the suspected contraband.

Michigan law explains that a police officer will have probable cause to search a vehicle if he or she smells marijuana coming from the vehicle. However, it can and should be argued that if a police searches the passenger compartment of a vehicle, because he or she smelled burnt marijuana, yet did not discover any contraband during the search then he or she may be precluded from searching the trunk compartment of the vehicle. Michigan courts have yet to answer this specific question; on the other hand, the United States Supreme court does have precedent indicating that an officer may not continue to search when he or she has come up empty handed.

Contact Josh Jones today. He has your back. He will explain the law to you, make sure you understand your rights, and will maintain any and all rights as allowed by the law. 

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

Scope Of Motor Vehicle Search - Warrantless Search - Michigan Criminal Attorney - Josh Jones - ALL Felonies & Misdemeanors

Motor Vehicle Exception - Scope Of Vehicle Search

When an individual motorist is stopped by a police officer for a traffic violation or for another reason bringing about a reasonable suspicion that a crime is occurring or about to occur a police officer can detain the individual motorist on the side of the roadway. But how long cans this detention last?

The amount of time an officer can detain an individual is not specific or certain, but rather the amount of time is based upon the initial stop. What this means is that an officer can detain an individual for an amount of time that it takes for the officer to determine whether the individual motorist is capable of operating the vehicle and the police officer has issued a warning or citation. However, this does not limit the officer to simply ask the driver for his or her paperwork.

In fact, an officer can remove the driver from the vehicle, question the driver about unrelated issues, wait for another patrol car to arrive, and check the driver’s driving record and criminal history, to name a few.

However, this general rule does not preclude an officer from extending the stop if the officer discovers more facts revealing another infraction or crime beyond the reason for the initial stop. This ideal is founded in the United States Constitution. Michigan’s Constitution seems to provide preclude an officer from questioning an individual motorists on unrelated issues not connected to the initial stop unless the officer is able to demonstrate reasonable suspicion for extending the scope of his or her questioning.

To conclude if an officer does exceed the scope of initial stop then an arrest has occurred, in the eyes of the law, and that would allow for any evidence obtained to be suppressed later on at trial. It is beyond important to look at every stage of a traffic stop to determine the necessary legal scope and boundaries police officer must uphold.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.