Searches

Arrests without a warrant usually happen after a search. Law enforcement can conduct searches with or without a warrant.

Searches Pursuant to a Warrant

The probable cause standard for arrest warrants applies to search warrants as well. The sworn statement provided to the Court in support of the search warrant must be based on probable cause. If the search warrant is not based on probable cause the search is illegal, and all evidence discovered as a result of the search cannot be used at trial. If you are arrested during a search without probable cause, the arrest is illegal. It is important to check the sworn statement that the search warrant is based on to be sure there is probable cause. If not, the entire case could be dismissed, or the evidence could be not allowed at trial.

A search warrant must be executed and returned to the court within five (5) days of execution. A warrant is void if not executed and returned within five (5) days. Always check the date the warrant was issued.

A search warrant must specifically describe the place or person to be searched and the things to be taken. If this information is missing in the search warrant, it is not a valid search warrant, and a judge could dismiss the case.

Searches Without a Warrant

Law enforcement does not need probable cause to stop and question you on foot or in a vehicle. If there are compelling circumstances, law enforcement can stop you and search you. Compelling circumstances include:

• Protection of life,
• Prevention of serious bodily harm,
• Searches after a “hot pursuit,”
• And searches to stop the destruction of evidence. 

Arrests often occur because of a search where compelling circumstances were present.

If a law enforcement officer identifies themselves as a law enforcement officer and the law enforcement officer suspects you have committed, are committing, or are about to commit a crime, they may stop you for a reasonable period. This temporary detention must take place in the area where the person was initially stopped. If you are stopped for questioning, law enforcement cannot tell you to move to a different location. If this happens, it is an unlawful detainment. Anything learned as the result of unlawful detainment, arrest, or seizure cannot be used as evidence. This includes statements made during the unlawful detainment.

During the temporary detention, officers can ask your name, address, Indian status, and an explanation of your behavior. However, you have the right to stay silent and not answer questions.

When there's concern for physical danger, the officer is allowed to pass their hands over you in a search for hidden weapons  or dangerous items. This is known as a frisk. If something that is potentially dangerous is discovered, like a weapon or substance that poses a threat, the officer can temporarily hold onto it until the questioning is complete. If the item is legal, it must be returned. If the item is illegal, you may face arrest.

Law enforcement officers may not frisk you just to find evidence. Objects law enforcement officers believe to be weapons can only be taken from you when the officers are doing a search called a protective search. The goal of the protective search is to find potential weapons you may be carrying. The law enforcement officer must reasonably believe what they are feeling is a weapon from feeling the object through your clothing or on your body. The officer cannot move or in any way manipulate the object to figure out what it is. They can only remove it and inspect it if they have reasonable suspicion that it is a weapon.
Law enforcement must inform an individual of their rights as outlined by the Menominee Tribal Court Rules of Criminal Procedure RULE 6.