Yance
Regular Member
§ 11 Searches and seizures.
Sec. 11.
The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.
What do you think, does this protect your private vehicle from a search or seizure without a warrant or probable cause?
Illegal search and seizure is also protected under the 4th Amendment to the US Consitution.
The question here is, under both sections in the MI and US constitutions, would that subsequently make MCL. 750.227 unconstitutional in respect to possession of a firearm in your vehicle? State and Federal .gov recognize your vehicle as your private property as it cant be searched without probable cause or a warrant. However under State law they disregard it as private property as MCL 750.227 regulates the possession of a firearm within your vehicle. If your vehicle was repsected as your private property as your home or other property you possess than a person would be able to possess a firearm in their vehicle just the same as they could in their home or private land and just the same as they cant search your home or private land without a warrant or probable cause.
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