MI HB4321

Law enforcement officers must obtain a valid search warrant before entering or searching a residence if a resident expressly objects, except in exigent circumstances or as specified in subsection (3).

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

Evidence obtained in knowing violation of the warrant requirement is inadmissible in criminal actions against the person who objected to the search.

Inadmissible evidence may still be used to revoke parole or probation or to impeach a defendant's testimony under existing law.

The warrant requirement does not apply when a consenting resident is the victim of an alleged crime committed by the resident who objects to the search, provided the officer's purpose is to obtain evidence of that alleged criminal act.

The law takes effect 90 days after enactment.