In The News

In The News

Tuesday, September 4, 2012


By Michael Nichols
Categories: Drug Crimes

As students return to college campuses across the state it is important
to remember that the United States Constitution applies to even college
students.  Although there are a few search warrant exceptions which
courts have allowed (automobile exception, exigent circumstances,
consent, plain view) being a college student is not one of them.
"Students need to be aware of their rights and too often college
students consent to an otherwise unlawful search" says attorney Joshua

For example:  police officers often demand someone they suspect of
underage drinking (MIP) to perform a breathalyzer test.  This still
occurs despite the case law in People v Chowdhury where Michigan courts
declared that a breathalyzer is a search and that a search warrant is
needed if one of the search warrant exceptions is not present.  If you
do not consent to the breathalyzer the officers must obtain a search
warrant to obtain evidence against you. 

Students also encounter attempts to sidestep the Constitution when
officers respond to a complaint at apartments or dorms.  Often the
officers are responding to loud noise, illegal drug odor or something
similar.  College students must remember that in order for an officer to
enter a residence they either need consent, one of the search warrant
exceptions or a search warrant. 

If you are a college student and have been charged with a crime you
should speak with an attorney to make sure your Constitutional rights
have not been violated.  Call the Nichols Law Firm at (517) 432-9000.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.