What is Considered Probable Cause for a Search Warrant in Michigan?

A search warrant is a legal document authorized by a judge or magistrate that permits law enforcement officers to search a specific location, person, or vehicle for evidence of a crime. The warrant must be based on probable cause and detail the place to be searched and the items or individuals to be seized.
This legal instrument ensures that searches and seizures are conducted lawfully and respects individuals’ Fourth Amendment rights against unreasonable searches and seizures.

At Ben Hall Law, our East Lansing criminal defense lawyer knows, in Michigan, probable cause for a search warrant is considered when there is a reasonable basis for believing that a crime has been committed and that evidence of the crime is present at the location to be searched, supported by specific facts and circumstances presented in an affidavit. Here, we discuss some examples of probable cause that may help law enforcement secure a search warrant.

Examples of Probable Cause to Support a Search Warrant in Michigan

Probable cause for a search warrant can be established through various types of evidence and circumstances, including:

• Direct Observation: Law enforcement officers personally observe illegal activity or evidence of a crime.
• Informant Tips: Reliable information provided by a credible informant corroborated by independent police work.
• Surveillance: Evidence gathered through surveillance activities, such as observing suspects or locations over time.
• Suspect Behavior: Actions or behaviors of a suspect that suggest involvement in criminal activity.
• Physical Evidence: Tangible evidence linking a suspect to a crime, such as fingerprints, DNA, or possession of stolen property.
• Admissions or Confessions: Statements made by suspects indicating involvement in criminal activity.
• Electronic Evidence: Data or communications obtained through electronic surveillance, like phone records or internet activity.
• Circumstantial Evidence: Indirect evidence that implies the likelihood of criminal activity, requiring inference to connect it to the crime.

These types of evidence must collectively establish a reasonable belief that a crime has occurred and that evidence related to the crime can be found in the search place.

If law enforcement searches without a search warrant and no applicable exceptions to the warrant requirement exist, the search is generally considered unconstitutional. Any evidence obtained during an illegal search may be deemed inadmissible in court through the exclusionary rule. This rule is designed to deter law enforcement from violating individuals’ constitutional rights by excluding improperly obtained evidence from being used in prosecutions.

Contact Our Criminal Defense Lawyer in Michigan Today

To learn more about your Fourth Amendment rights and how we can help with your case, contact our criminal defense attorney in Michigan to discuss your case with a trusted professional who believes in you and your case by calling (877)-236-4255 or contacting us online. Your fight is our fight. Let’s get started.