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

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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

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