MCOLES Laws on Warrantless Searches

The general rule is police officers must have a search warrant to conduct a search. There are exemptions to the general rule.

The dissent in Robbins argues that the constitution only prohibits searches that are unreasonable. Each officer has a different level of reasonableness. Due to this most courts follow the requirment of the search warrant rule.

The Michigan Constitution has no exclusionary rule for narcotic drugs, firearms, bombs, or other dangerous weapons seized outside the curtilage of a dwelling.

Article 1, Section 11 is unconstitutional because it sets fewer liberties than Bill of Rights.

Open View- What a person knowingly exposes to the public, even in his/her home, is not protected under the 4th Amend.

Plain View-Officers may sieze items where they have a legitimate reason for being in an area protected by the 4th Amend, and have probable cause to believe the items to be contraband or incriminating evidence.

Officers may, incident to a lawful custodial arrest, search for weapons and evidence that is contained within the reach of a person being arrested. The search must be contemporaneously with the arrest.

Officers may search when they possess probable cause that items sought to be seized are in a specific location and at the time of the search there are exigent circumstances that require the officers to search without a warrant.

Officers may sieze items where they have a legitimate reason for being in an area protected by the 4th Amend, and have probable cause to believe the items to be contraband or incriminating evidence.

An eception to the search warrant rule where a person voluntarily waives his or her rights in a protected area.

Officers may stop a person when they have reasonable suspicion to believe that a crime is afoot and may frisk the person for weapons when they have reasonable suspicion to believe the person is armed and potentially dangerous.

Police may make routine, warrantless searches of contents of any vehicle that lawfully comes into police custody as part of police care taking and as long as the search is in compliance with departmental standards.

Situations may allow officers to enter 4th Amend. protected areas where they have reasonable (belief) suspicion that an emergency exsists.

Authorizes police to pursue a person suspected of committing a felony into a residence without a warrant where there are exigent circumstances.

A search pursuant to a statuatory scheme to regulate particular industry or buisness. The buisness must be a pervasively regulated industry and the search is to ensure compliance to the regulations.

An exception that applies to federal officers enforcing federal law at the US border or a functional equivalent of the US border.