DRUG CHARGES IN ROSEVILLE AND FRASER MICHIGAN – ILLEGAL SEARCH BY POLICE?

Home » General » DRUG CHARGES IN ROSEVILLE AND FRASER MICHIGAN – ILLEGAL SEARCH BY POLICE?

I was driving my car through Roseville Michigan and on my way up Utica Road I was stopped for allegedly going over the line in Fraser. This cop stopped me and was being a jerk. I didn’t go over the line and he started asking me questions about drugs. My idiot friend didn’t know he had a warrant for unpaid tickets and Driving While License Suspended and they threw him in the back of the cop car. They pulled me out of the car and started searching the car. I did not give them consent to search and they claimed they didn’t need it because of something called search incident to arrest. Can they do this? Please help!

Comments

  1. peter on June 29, 2009 at 9:49 pm said:

    Well, quite often facts as clients tell us are quite a bit different than what the police report states, for many reasons, but that is why there is a process called “discovery” in the criminal justice system that allows lawyers to subpoena evidence that can often aid in the defense of your case. If the facts are as “clean” as you descibe, there are SEVERAL defenses available to your case that could result in a dismissal. I think I know who you are though, and you have hired my office already so you know the story.

    For the readers of the blog however, I will generally say that the facts as you allege raise several issues, the first being that there was no probable cause or reasonable suspicion of criminal activity to justify a warrentless search and seizure of your vehicle. Deeper than that however are other legal issues arising from “search incident to arrest” issue you raise, especially under the recent Supreme Court decision of Arizona v. Gant, as well as the search of your vehicle based soley on a traffic warrant for your passenger. Without more details about this incident, that discovery and our forensic examination of your case would surely reveal through subpoenas and FOIA (“freedom of information act”) requests, it would be far to long of a post to speculate and advise you on every possible scenerio.

    One thing is for sure, you should contact an experienced Michigan criminal defense attorney today. Call (586) 285-1700 for a free consultation with one of the criminal defense attorneys at Canu Torrice Law.

    Peter A. Torrice
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

Leave a Reply

Our Address

We are located at:

32059 Utica Road
Fraser, Michigan 48026
Phone: (586) 285-1700
Fax: (586) 285-1707

Our Hours

Our hours of operation are:

8:30AM-5PM MONDAY - FRIDAY
SATURDAY & SUNDAY BY APPT
24/7 RETURN CALL

We Accept

We accept the following methods of payment: VISA, MASTERCARD, DISCOVER, AMEX, CHECK, or CASH.

24/7 Service

We offer 24 hour a day 7 days per week emergency service for all of your legal needs.