Legal Question in Criminal Law in Michigan

My boyfriend was recently accused of assualt. When the police showed up at his house with a search warrant for brass knuckles in his car they found marajuana instead. Is there anyway he can get that dropped from his case?

Asked on 7/13/13, 8:48 am

1 Answer from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

If they found the marijuana during a lawful search for the brass knuckles, no. the search warrant likely allowed police to look pretty much anywhere in the vehicle for an item as small as brass knuckles so they likely found the marijuana in a place where the brass knuckles could have been. (I say this because if they were searching for an item that was too large to fit into a particular place in the car, like a basketball and they go into the small console between the front seats, the search inside the console might not be lawful because there's no probable cause to think a basketball would be inside that small container.)

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Answered on 7/13/13, 8:52 am

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