Prudenville, MI asked in Criminal Law, Civil Rights and Constitutional Law for Michigan

Q: Does a traffic magistrate thave the authority to issue NON traffic related search and seizure warrants in Michigan?

I shared a Santa clauseme on a jail messenger service and my home was raided swat style... My cellphone, 2 laptops and 1 tablet were seized for "forensics" 3 months ago.... Search and seizure warrant signed by traffic magistrate... NO CHARGES FILED as of now...

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Michigan, a traffic magistrate typically doesn't have the authority to issue search and seizure warrants for non-traffic related matters. However, laws and procedures can vary depending on the circumstances and the specific jurisdiction. It's essential to review the details of the warrant and seek legal advice to understand the basis for its issuance.

If you believe your rights were violated or that the warrant was improperly issued, you should consider consulting with a lawyer who can help you navigate the legal process. They can assess the situation, review the warrant, and advise you on the appropriate steps to take. It's crucial to address any concerns or discrepancies surrounding the search and seizure of your property.

In the meantime, refrain from discussing the case with anyone other than your legal counsel and comply with any lawful requests from law enforcement. Keep track of any documentation or communication related to the incident, as it may be valuable in building your defense or addressing any potential legal issues. Stay informed about your rights and options, and advocate for yourself to ensure fair treatment under the law.

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