Earlier this week in Macomb County, a man was arrested after he was apprehended by police following an incident at a Home Depot store. According to a report by the New Baltimore-Chesterfield Patch, loss prevention officers noticed a man trying to steal an expensive automatic drill. As they confronted him about the alleged theft, the man brandished a hypodermic needle and began to stab one of the loss prevention officers multiple times. A nearby customer who was licensed to carry a handgun intervened and forced the man to drop the needle.
As police approached, the man fled the scene and the loss prevention officers did not pursue him. However, police eventually caught up with the man and arrested him. He is being charged with misdemeanor theft and assault with intent to do great bodily harm. He is facing up to ten years in prison. The man is currently being held on $25,000 bail in Macomb County Jail.
The man admitted to police that he is addicted to heroin, but did not admit that he was high at the time of the incident. Police are currently trying to secure a search warrant to test the man for any communicable diseases that the loss prevention officer may have contracted as a result of being stabbed by the hypodermic needle.
Warrants Required for Blood Draws The United States Constitution grants all citizens certain rights. One of the most important rights granted to citizens is the right to privacy. Although it is not listed explicitly anywhere in the Constitution, state and federal courts have routinely upheld a strong right to privacy for all citizens.
One area where the right to privacy plays a large role is in a person’s right to privacy in their own blood. In the case above, the police need a warrant in order to search the man’s blood for any traces of communicable diseases. While the facts here suggest that police may be able to obtain such a warrant, that will not always be the case. In any regard, police must articulate why there a compelling reason—or probable cause—that the search is justified.
Other areas where a warrant is generally required before police can conduct a search are homes, hotel rooms, and cars (both owned and rented). Keep in mind, that a warrant is not required if a person consents to the search.
Have You Been Charged with a Michigan Criminal Offense? If you have recently been charged with a Michigan criminal offense and you believe that the evidence that will be used against you was illegally seized, you should speak to an experienced Michigan criminal defense attorney. Depending on whether the police followed all rules imposed by the United States Constitution, the evidence may be suppressed. if that is the case, the evidence will not be able to be used against you at trial. To find out more about the search and seizure laws in Michigan, and to schedule your free initial consultation with a dedicated Michigan criminal defense attorney, click here or call (248) 266-8720 today.