Overcharged
As it goes, my clients were overcharged with crimes involving drugs, guns, bombs and money. We litigated this case for over three years including 5 days of preliminary exam testimony, and several motions litigated at the District Court and the Circuit Court.
We had made several appearances in circuit court in our continued effort to challenge the governments search and seizure of evidence because of the illegal “Knock and Talk”
Knock and Talk
When the police don’t have enough evidence to get a search warrant, they sometimes employ a procedure they have nicknamed “knock and talk” to investigate further.
Courts have ruled that a police officer has the same right as an everyday citizen (for example, a Girl Scout selling cookies) to visit your house, knock on your front door, and ask to speak with you.
Unfortunately, abuses of the “knock and talk” technique are now rampant.
Charged with crime? The “Justice System” throwing the book at you? Call our office (248) 357-2550 or Visit KomornLaw.com
Two Cases
Two somewhat recent cases in Michigan have helped clarify the law in this area.
In one case, from 2015, when no one answered the front door, the police started walking around the property knocking on back doors and side doors until they spotted some marijuana through a window in the back of the house.
The instinctual fourth amendment argument is that the police need a warrant before they roam around your back-yard peering into your windows.
In July 2016, however, the Supreme Court dismissed the appeal without deciding the issue.
People v. Radandt
That same month a similar case before the Michigan Supreme Court, was heard, arguing that a so-called “knock and talk” violates the Fourth Amendment when it is conducted in the middle of the night.
Read the Rest Here..Pretty Interesting
