Legal Question in Criminal Law in Michigan

Regarding Anonymous tips, Search and Seizure, and Phone Taps

A police department receives a phone call that a person is dealing drugs. While this person is away, the police break into their apartment, seizing marijuana paraphernalia, and illegally possessed Schedule II substances. They also tap the phones of everyone associated with this person. They use these taps to seize the person when they phone their significant other to notify them they are coming home. I am questioning the legality of the tactics used by the PD afore mentioned.


Asked on 5/30/01, 11:39 am

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Regarding Anonymous tips, Search and Seizure, and Phone Taps

Provided that they entered the house pursuant to a legally obtained search warrant the search would be proper. Since they found contraband they could go back to court and obtain an order to conduct a wiretap. If this was properly done then there were no violations of your rights when the police listened in on your telephone calls. Contact an attorney immediately if you have not already done so so they he/she could investigate this matter to see if there were any constitutional violations committed by the police. Good luck.

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Answered on 6/22/01, 9:39 pm


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