Michigan v. Summers

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In the case of Michigan v. Summers 452 U.S. 692, the police obtained a search warrant to search the home of Summers as well as Summers hisself. Upon searching the premises, they found narcotics in the basement, afterwards searching Summers hisself and found 8.5 grams of heroin in his coat pocket. Summers was arrested and charged of possession due to the heroin found on Summers hisself. Summers moved to suppress the heroin charges as the product of an illegal search in violation of his Fourth Amendment. The trial judge granted the motion quashed the information which means to nullify, void, or delcare invalid. Both the Michigan Court of Appeals and the Michigan Supreme Court affirmed. Reading further you learn that the reason the motion was granted was because the police detained Summers OUTSIDE of his home while searching the premises. Fourth Amedment right states that the person being detained has the right to be present while the search is being done for reasons such as to make sure that evidence isn't being planted and the scene isn't being staged. He was escorted off the premises while the search was done, and he as well was searched off the premises. The warrant states that the police have the right to search the premises and the person. The search was illegal because Summers was not searched on the grounds of the premises allowed by the search warrant. Information gathered from: Michigan v. Summers - 452 U.S. 692 (1981). (n.d.). In Justia.com. Retrieved March 19, 2012, from http://supreme.justia.com/cases/federal/us/452/692/case.html My opinion on the second part of the discussion is that I do believe that police officer should be required to obtain a search warrant to go through a person's trash. The reason is if someone puts their trash out to be picked up, and it is still on that persons premises, or close to, that should be considered personal

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