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MI SB0114

Bill

Status

Introduced

2/14/2019

Primary Sponsor

Peter Lucido

Click for details

Origin

Senate

100th Legislature

AI Summary

  • 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).

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary And Public Safety2/14/2019

Full Bill Text

No bill text available