Usually, went someone is out walking late the police assume they are up to no good. A "Terry" stop, when there is reasonable suspicion, allows a patdown for weapons. Sometimes the cops say they found dope, and that may or may not be admissable. You do not have to speak with police. You can say you wish to remain silent. Are you ON probation or NOT on probation? If you violate a probation curfew, they can arrest you, search you, and violate you. If you are not on probation, your rights are intact. If you really work at pissing off the poice, you will probably succeed. That should not be an issue. Unless, they make it an issue.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
The police need reaonable suspicion to temporarily stop you and pat you down to check for weapons. Finding reasonable suspicion is not hard for the police to find, especially walking late at night. as it is a very low standard.
If on probation, one of the conditions on probation is usually a curfew. If you are out past curfew, you are violating probation and the police can arrest you and take you in.
It would be beneficial for you to speak with a local attorney at a consultation if there is more information or facts that are not disclosed here. Criminal law is a fact specific area of law which the outcomes change with the facts.
Bear in mind local attorneys konw th court rules, criminal statutes of the state and relevant case law. If you can schedule a consultation wtih an attorne you might want to do so for more information.
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There is no reasonable suspicion to stop a person who is doing nothing but walking alone at night. Any search based upon this information alone would be illegal and any evidence obtained as a result of it would be subject to suppression. If a person is on probation and is not allowed to be out at night, that person is really taking their freedom for granted and taking an unnecessary risk if the only purpose of walking out at night is for pleasure. The judge who was hearing that case on an allegation of violation of probation would bend over backwards to find a way to justify the legitimacy of the stop and/or search.
Be careful. If you are already being violated, you need to consult with a 10.0 Rated Michigan Criminal Defense Attorney who is not afraid to win your case! If you can find an attorney who is rated 10.0 on Avvo, is a Michigan Super Lawyer and is rated AV with Martindale Hubbell, you will know you have someone who is experienced, effective and passionate about DUI defense.
There is the real risk of jail on a probation violation and you should not take the matter lightly even if you feel there was no justification for the stop and investigation.
Mr. Loren Dickstein, Esq.
LEWIS & DICKSTEIN, P.L.L.C.
2000 Town Center, Ste. 2350
Southfield, MI 48075
(248) 263-6800 - Fax: (248) 357-1371
National Super Lawyer
Avvo Rated: 10.0 Superb
Martindale Rated: Preeminent - AV
The ONLY way to end this nonsense is to "spank"
the cops. File complaint(s) on the officer(s)
especially if its the same one over and over-----at
their station OR with the state police. Do you have
a local "Police Watch Group?" Talk to them. Lastly,
if you're really upset you can file a "civil rights"
lawsuit against them: you'll have to show/document
a "pattern" of your alleged abuse at their hands.
You might not win much (or anything) but it'll send
them the message that you're not playing their
fool any longer. IF ARE YOU ON PROBATION ---
you have less rights while on probation. Are you
walking/strolling in a "high-crime" area? Are you
walking around in a neighborhood of a different
race than yours? There might be racial issues involved
then. You should talk to a local attorney to discuss
your options. Good luck!
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.