Criminal procedure: warrants; execution of search warrants; modify. Amends sec. 6 of 1966 PA 189 (MCL 780.656).
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill modifies the rules for executing search warrants in Michigan. It requires law enforcement officers to announce their identity and purpose before attempting to enter a property, and to wait a ‘reasonable period of time’ before using force. However, exceptions are allowed if there’s an imminent danger to officers or others, evidence suggests someone is aware of the officers’ presence, or announcing the officers’ presence would hinder a crime investigation.
Key provisions
- Law enforcement must announce their identity and purpose before attempting entry.
- Officers must wait a ‘reasonable period of time’ before using force to enter.
- Exceptions to the waiting period are allowed if there’s imminent danger, evidence of awareness, or hindering an investigation.
- Officers can include information about occupants, disabilities, and animals in the warrant affidavit.
- Entry without compliance with the waiting period is limited to 8 a.m. to 6 p.m.
- Officers executing warrants must be clearly identifiable (e.g., in uniform).
- ‘Reasonable period of time’ considers the potential for evidence destruction.
Who is affected
- Law enforcement officers
- Property owners
- Building occupants
- District court magistrates
- Judges
Notable changes
Bill text
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Document of record
- Version
- Senate Introduced Bill
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