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Can i be searched during a traffic stop because my plates are invalid? Or based on prior arrests?
Anonymous5 views2 answers
My plates were registered to my car that is in the shop so i put those plates on my spare car i had the title to show it wasnt stolen but the officer told me he was going to impound my car. And he said because of my prior arrests he was going to search it. I was wondering if this was a violation of my 4th ammendment rights, considering he said he was going to search me based only off of prior arrests. I just want to know if he can search my car because of the plates being invalid.. (thats the only crime i committed and because it is usually a citation for invalid plates i was wondering if he has the right to search) i never consented nor was asked and the reason he said be wanted to search was because of my arrest record
I suspect that a court would legitimize the search, although I'm not sure that I agree with my fellow Michigan attorney John Knappmann, as to the basis.
Proper searches are done either pursuant to a warrant, or under a warrant exception. One of these warrant exceptions is the "inventory search exception", and another one is the "motor vehicle exception".
I just litigated the subject of when a vehicle can be searched, subject to a so-called "inventory search", and when the vehicle is considered "impounded".
More and more, please departments are seeking to legitimize otherwise illegitimate searches based on "inventory search". Proper inventory searches are done once a vehicle is impounded, and the search is done to protect both the legitimate non-contraband property interests of the suspect, and to protect the police from fraudulent claims of property loss by the suspect. A proper inventory search must be done in accordance with established written police department policies and procedures.
In the case I just litigated, the court agreed with me that vehicle was not "impounded" based on my analysis of the police department's own definition of when they consider a vehicle "impounded". It is absolutely essential in cases of a claim of "inventory search exception", to get a copy of the police department's policy and procedures on the subject.
However, the "motor vehicle exception" gives police broad latitude to search a vehicle, when there is a possibility that the driver may drive the vehicle away, and thus deprive the police of an opportunity to seize evidence of illegal conduct. I suspect your vehicle will be subject to a legitimate "motor vehicle exception" search. You may recall that Oklahoma city bomber Timothy McVeigh was stopped & ultimately arrested, based on a busted taillight.
As well, Michigan law is replete with cases setting forth what I call the "no harm no foul "rule. Anxious to help prosecutors, Michigan appellate courts have often said in various cases that even if the search is not justifiable under the claimed exception, it might be justifiable under another, and therefore, there is no reason to overturn the conviction. In other words, "no harm no foul"; the police would have got "their man" anyway.
You do not say what the police tuned up in the course of their search. If they did find something illegal, you will need to have an experienced Michigan attorney to represent you here.
Jon Frank
Richmond Michigan