Can police search your home and camper without a search warrent.

Asked over 4 years ago - Detroit, MI

I had a warrent for my arrest from 3 yrs ago and the police came to my house when then came to get me I had my finace' perscription pills in my pocket. they asked if I had anything in my poclets and I told them that I had her vicodin in my pocket, after they put the hand cuffs on me they searched my house and my camper trailer braking the door on it. Is this legal to do or is this an illegal search and seisure??

Attorney answers (2)

  1. Scott Douglas Moore

    Contributor Level 8

    Answered . Once you were in custody and handcuffed, the officers could seize only that which was in plain sight. An arrest warrant does not authorize the police to search the house, much less a camper outside of the house, nor does the fact that you may have had an alleged controlled substance on your person. The "wingspan" exception would not apply after you were restrained. In short, the police were obliged to seek a search warrant before doing what you described.

  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . Did they find anything that they are using against you? If not, then it does not matter. However, the police have the right to do a cursory search for weapons in your wingspan so to speak (areas that you can reach) when the arrest you on a warrant.

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