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MI HB5722

Bill

Status

Introduced

6/7/2016

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Amends the search warrant procedures law to establish requirements for judges or district court magistrates when finding reasonable or probable cause based on affidavits containing information from named or unnamed sources.

  • For named informants, requires affirmative allegations showing the person had personal knowledge of the information provided.

  • For unnamed informants, requires affirmative allegations demonstrating both personal knowledge and either the person's credibility or the reliability of the information.

  • Makes evidence obtained in violation of these requirements inadmissible in criminal prosecutions, but allows such evidence to be used in parole or probation revocation proceedings and to impeach a defendant's testimony.

  • Takes effect 90 days after enactment.

Legislative Description

Criminal procedure; evidence; evidence obtained in violation of reasonable or probable cause requirements for issuance of a search warrant; allow to be used to revoke parole or probation or impeach a defendant's testimony. Amends sec. 3 of 1966 PA 189 (MCL 780.653).

Criminal procedure: warrants

Last Action

Bill Electronically Reproduced 06/07/2016

6/8/2016

Committee Referrals

Criminal Justice6/7/2016

Full Bill Text

No bill text available