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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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A police officer enters on private property without a ...

Resolved Question:

A police officer enters on private property without a search or arrest warrant and questions youths sitting in a car lawfully on the property, smells burnt marijuana, arrests them, searches and seizes the controlled substances which form the basis of their criminal charges. The prosecutor claims they do not have standing to object to its admission at trial. Is that evidence suppressable in Michigan?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  J D Haas replied 9 years ago.
Yes. The crux of the issue is whether there was probable cause to enter the property. If the car is in a driveway next to the sidewalk, then you will have a hard time winning the motion; however, if the car is not in plain sight of the road or sidewalk, and the officer walks hundreds of feet to get to the car, then your chances of suppression are good. Please let me know if you have other questions.

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