Michigan Criminal Law – Squatters Not Protected Against Warrantless Police Searches Says Michigan Court of Appeals

A squatter is defined as: “a person who settles on land or occupies property without title, right, or payment of rent.” In a case that was recently decided by the Michigan Court of Appeals, a Detroit area man met that definition. He owned a home, but he was thrown out of the home after Hamtramck, Michigan authorities condemned the house for having no running water or working toilet. It was illegal for the owner or others to use or occupy the home because it was condemned.

However, one night a neighbor notified the police that someone was staying in the house. The police arrived at the home to find the resident / squatter watching television. He invited them into the home and they found incriminating evidence, include Cocaine and drug paraphernalia. The resident / squatter argued that he had a right against a warrantless search of his home based on the 4th Amendment. However, the Michigan Court of Appeals held that squatters have no protection against warrantless police searches in a home where they live illegally, even if they own the home. In this case the resident was living in his home unlawfully since it had been condemned.

We challenge police searches when law enforcement had no search warrant

As top criminal attorneys, we understand that Americans have the right under the United States Constitution to be free from unreasonable searches and seizures. We regularly challenge police searches when law enforcement either did not have a search warrant or, even though they had a search warrant, the warrant was insufficient. Our defense lawyers fight to defend the Fourth Amendment to the U. S. Constitution.

If you are being investigated for a crime or have been charged with a crime, it is not too late to get a top criminal lawyer involved in your case. Your attorney will be your advocate in and out of court when it comes to defending you from criminal charges and violations of your Constitutional rights.

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