Can the police enter private property without a warrant? 5 Answers as of July 08, 2011

I live in the country and the police have threatened to throw me in jail if I don't allow them to utilize my property as a thoroughfare. I would like to know what the laws are regarding that and where I can find a copy of the laws.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Is there a road on your property that people use on a regular basis? Normally they can't come on a person's property except for emergency, with permission or if they are coming to investigate a crime and it is just to a door to try to talk with you.
Answer Applies to: Michigan
Replied: 7/8/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
You should consult with an attorney. You need specific legal advice. You should privately consult with an attorney if you need specific legal advice. Most attorneys provide free initial consultations. Governmental procurement of private property is a very significant constitutional issue. Private property rights are not absolute. The government has certain rights to seize private property or negotiate the purchase of private property. If the property was allegedly used as part of some type of criminal activity, a person's rights and responsibilities are very different. However, assuming there was no seizure related to a criminal complaint, the government usually tries to negotiate a private sale. Speaking generally, the government prefers to negotiate the sale of private property without utilizing the court system. However, if a landowner refuses to sell, the government may utilize "eminent domain" i.e., a governmental "taking" of property if they are trying to obtain private property for a public project such as thoroughfare. However, their authority is limited and they usually required to provide adequate compensation to the original property holder. Generally, this is a civil matter and the police are not usually involved unless the property is involved in some type of criminal behavior or if there a judicial enforcement issue regarding a pending court-order. I would strongly recommend that you obtain legal council to assist you with these matters. The eminent domain laws are very complex but you may have a constitutional legal issue that could result in significant litigation.
Answer Applies to: Michigan
Replied: 7/7/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
It's your property and they have no more right to use it than any other third person, that is unless they have a warrant. To look for the laws, I would suggest you spend some time in your local county law library. The law library is usually located at the courthouse and depending on the size of the library, may not the all the resources you need.
Answer Applies to: Michigan
Replied: 7/5/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry The purpose of the trespass is at the heart of your question. Government can enter on property for many different reasons, from public safety to exigent circumstances. Pursuit of a fleeing felon, exercising a warrant, health and safety, and other reasons can be among justifications and will depend on the circumstances. You should hire an attorney to review the facts in your case to see whether there is justification to get a restraining order or even file civil claims for repeat infractions that are not allowed.
Answer Applies to: Michigan
Replied: 7/5/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
The police cannot force you to do any such thing without an easement or else paying you fair market value for the use of your property. They could possibly use imminent domain to seize parts of your land, but that will take court intervention. They just can't force you to do that. Speak to a lawyer that specializes in property law and zoning, easements, and imminent domain for a more specific answer.
Answer Applies to: Michigan
Replied: 7/5/2011
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