Search and seizure of evidence is an important issue when it comes to criminal defense, especially cases involving drug charges. Police are bound by certain rules when investigating suspected criminal activity and failure to follow those rules can ultimately weaken prosecution’s case. A recent decision by a Michigan court of appeals highlights this fact.
The decision, which came on Wednesday, held that police who pulled over a driver because the tow ball on his vehicle blocked his license plate did not have probable cause to make that stop, and that therefore their subsequent search of the defendant’s vehicle was illegal. In the search, police had found marijuana and other drugs, but because the search was illegal, that evidence was tainted.