Can police look through an obstructed window in your house while on the side curtilage?

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Can police look through an obstructed window in your house while on the side curtilage?

Can an officer walk onto the side curtilage of your property and look through a window that is covered? I went outside to reenact what the officer did and he would have to kneel down and look through the window at different angles to see what he did. He did obtain a search warrant after he in my opinion did an unlawful search. He was driving down the street and had suspicion that the light emitting from the basement were “grow lights”, I am a legal medical marijuana patient.

Asked on February 14, 2012 under Criminal Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

From what you have written about, it the law enforcement officer had a justifiable belief that the light coming through the window of the home you have written about was the result of illegal activity, then what he or she did by simply peeking through the window from the outside in does not seem to me to be the basis for an illegal search of the inside of the home you have written about.

If you have been arrested as a result, I suggest that you consult with a criminal defense attorney.


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