Legal Question in Criminal Law in Michigan

Is it legal for a cop to come in and do a "sweep" without a warent?


Asked on 11/02/09, 2:08 am

3 Answers from Attorneys

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Answered on 11/07/09, 10:22 am
Daniel Hajji Daniel Hajji & Associates

It depends on the facts/circumstances which you have not supplied, Dan Hajji

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Answered on 11/08/09, 12:55 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

By "a sweep" ... do you mean a search for a person, a search for contraband (e.g., drugs), a search for something else???

And by "come in", where is this place into which the police came?

In general, police need a search warrant if the place where they are searching is where the person being searched has a "reasonable expectation of privacy". If the 'sweep' happened in that person's home, the person would have a such an expectation of privacy. If it happened at the local McDonald's restaurant, the person would not.

If the person is on parole, one condition of parole is that the parolee must allow MDOC or its agent into his residence for a search upon request. A search warrant would not be needed if this was that parolee's residence.

There are many other variable in play when analyzing search and seizure law, and they depend on all the case facts. You haven't given us enough facts to give any more informative reply than this.

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Answered on 11/09/09, 8:36 am


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