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MI HB5946
Bill
Status
11/12/2014
Primary Sponsor
Thomas McMillin
Click for details
AI Summary
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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.
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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.
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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.
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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