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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23400
Experience:  14 years practicing criminal defense.
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In Michigan I am gay, live in Kent County Michigan I was

Customer Question

In Michigan
I am gay, live in Kent County Michigan
I was in my garage with a good friend that I occasionally have sex with. Doors closed by my front door open - storm door was closed. I entered through the garage to the house and a cop was at my door. I was naked, genitalia exposed. I motioned that I would be right back and went and got a rob.
The cop was there to check on address verification of my roommate who has a CSC 2 conviction. He was at work that day. The cop stated that my right to privacy ended at my front door and that my state of undress since I answered the door (did not know he was there until I walked in from the garage) would be considered indecent exposure and advised me to make sure I was appropriately dressed I my house. I live on 2.5 acres of heavily wood property with no neighbors in eyesight. My concern is that he took my name and birthdate but did not advise me that I should expect a warrant for arrest or I would be hearing from anyone. Should I contact a lawyer immediately for help?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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My concern is that he took my name and birthdate but did not advise me that I should expect a warrant for arrest or I would be hearing from anyone. Should I contact a lawyer immediately for help?
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First off, take a deep breath and relax. If he didn't cite you for anything right then and there, which would be a stretch of the law in the first place, then he isn't going to do anything about it. From a purely legal perspective, this wouldn't hold up because a private citizen has a "resonable expectation of privacy" in their home.
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Although the front door open with an open view into the house would have somewhat diminished that privacy right, the fact that you were not expecting any other company and are on 2.5 acres of heavily wooded property would swing back in your favor for expecting privacy. Further, based on your comment, you didn't actually answer the door, he just viewed you through the storm door.
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Realistically, you embarassed the cop as much as you were embarassed so he felt he needed to regain control and his composure and he did that by citing laws to you.
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BotXXXXX XXXXXne is that I don't think you have anything to worry about.
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Thanks
Barrister
Customer: replied 11 months ago.

Thank you


a friend also stated that if he did not advise me I would be hearing from someone to relax - would a retained lawyer be able to collect more information from the prosecutors office such as a possible warrant being considered


 

Expert:  Barrister replied 11 months ago.
Honestly, I think you would be spending money unnecessarily, but if you chose to do so, an attorney could contact the officer in question to see if he did file any type of formal complaint. But even if he did, it still goes to the local DA to determine if the complaint will turn into a charge and I find it incredibly unlikely a DA would do so. They simply have bigger fish to fry than to worry about your state of dress (or undress) inside your home. At some point in time, everyone has walked around naked in their house with the door accidentally open...
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Thanks
Barrister
Customer: replied 11 months ago.


Thank you - breathing a little easier - somewhat at least


puts me at ease with your advice and will wait until Monday next week to see if I am still uneasy of will wait and see what happens - forgot to mention that he asked what I was doing in my garage with my friend - I just stated that we were entertaining ourselves - he replied with what you do in your own home is none of my business but cautioned me on my state of undress and could be considered indecent exposure since my door was open. he cautioned me to use discretion in the future as they know what kind of people live here, evidently referring to my gay room mate with the CSC 2 conviction from 2009


 

Expert:  Barrister replied 11 months ago.
That just reinforces my thoughts that nothing will come of this since he just cautioned you to be more careful in the future...
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Thanks
Barrister
Customer: replied 11 months ago.


Thank you


 

Expert:  Barrister replied 11 months ago.
You are very welcome.. Glad to help and I hope you can put your mind to ease about this.
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.
Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23400
Experience: 14 years practicing criminal defense.
Barrister and 8 other Criminal Law Specialists are ready to help you
Expert:  Barrister replied 11 months ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

.

It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.

.

Barrister

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