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MI SB0114
Bill
AI Summary
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Law enforcement officers cannot enter or search a residence without a valid search warrant if a resident expressly objects, except in exigent circumstances or as specified in subsection (3).
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Objecting resident's refusal to consent applies even if another resident later consents to entry or search after the objecting resident is no longer physically present.
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Evidence obtained in violation of the warrant requirement is inadmissible in criminal prosecutions against the objecting resident, but may be used to revoke parole/probation or impeach defendant testimony.
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Exception allows warrantless search when a consenting resident is the alleged victim of a criminal act committed by the objecting resident and the officer's purpose is obtaining evidence of that crime.
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The act takes effect 90 days after enactment.
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: search and seizure
Last Action
Placed On Order Of Third Reading With Substitute (s-2)
6/18/2020