Legal Question in DUI Law in Michigan

This weekend I got an MIP for possession of an unopened bottle of alcohol. Basically the story goes like this: Me and a couple friends were hanging out in my dorm room talking. None of us have been drinking. All the sudden three policemen knock at my door. My roomate opens the door not knowing who it is. the police come in my room uninvited and try to scare us and ask us if we have been drinking. We all say no. Then he asks if there is any alcohol in the room. I say no. He says "I know your lying and I am going to tear this room in two if you dont show me the alcohol. I ask "dont you need a search warrant for that". He says it doesn't matter because we opened the door. keep in mind that we never invited them in. So I go get the bottle and give it to him. I did admit that it was mine which probably wasn't the smartest idea. He then says "If you havent been drinking we will just take the alcohol and get out of your hair". Everyone in the room takes a field test and passes. he still gives me an MIP. Is there anyway I can fight this in court?


Asked on 1/24/10, 12:24 pm

2 Answers from Attorneys

You should be hiring an experienced and aggressive lawyer to look into possible constitutional / search issues (4th Amendment violations) that may have occurred.

You can read more at:

www.AggressiveCriminalDefense.com

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Answered on 1/29/10, 12:32 pm
Daniel Hajji Daniel Hajji & Associates

Yes, you should fight it. It seems that your 4th amendment rights could have been violated. Contact Daniel Hajji at 248.865.4700 or 888.484.9349.

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Answered on 1/29/10, 1:52 pm


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