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MI HB5946

Bill

Status

Introduced

11/12/2014

Primary Sponsor

Thomas McMillin

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Law enforcement officers cannot search a residence without a valid search warrant if a resident expressly objects to the entry or search, except in exigent circumstances.

  • An objecting resident's refusal to consent applies even if another resident consents to the search after the objecting resident is no longer physically present at the residence.

  • Exigent circumstances that permit warrantless searches include situations where a consenting resident is the victim of an alleged crime committed by the objecting resident, and evidence of that crime is being sought.

  • Evidence obtained in violation of these requirements is inadmissible in criminal proceedings against the person who objected to the search.

Legislative Description

Criminal procedure; search and seizure; warrant requirement to search a premises; provide for resident consent exception. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 25c to ch. IV.

Criminal procedure, warrants

Last Action

Printed Bill Filed 11/13/2014

11/13/2014

Committee Referrals

Criminal Justice11/12/2014

Full Bill Text

No bill text available