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

UPDATED: Feb 14, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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