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MI HB4385
Bill
Status
4/12/2023
Primary Sponsor
Gregory Markkanen
Click for details
AI Summary
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Adds Section 1507 to prohibit department employees from entering private property without either owner/lessee authorization or specific legal authority (warrant, exigent circumstances, or hot pursuit).
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Restricts warrantless entry to park and recreation officers and peace officers, who may enter private property only with a court-issued warrant, reasonable belief evidence will be destroyed or person endangered, or when in hot pursuit of a criminal suspect.
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Reorganizes Section 1602 to clarify that department officers may file complaints, appear in court, prosecute violations, and sign vouchers for jurors' and witnesses' fees for natural resource law violations.
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Maintains authority for department officers to search vehicles, boats, and receptacles on public or private property without a warrant if they have probable cause, but excludes dwellings and areas within the curtilage of dwelling houses from warrantless searches.
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Clarifies that warrantless seizure of nets, hunting/fishing equipment, and illegally possessed wildlife remains permitted, and establishes definition of "probable cause to believe" for purposes of the statute.
Legislative Description
Criminal procedure: warrants; statutory warrant requirement; provide for department of natural resources. Amends sec. 1602 of 1994 PA 451 (MCL 324.1602) & adds sec. 1507.
Criminal procedure: warrants
Last Action
Bill Electronically Reproduced 04/12/2023
4/13/2023