SENATE BILL No. 188

 

 

February 4, 2009, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1966 PA 189, entitled

 

"An act to provide procedures for making complaints for, obtaining,

executing and returning search warrants; and to repeal certain acts

and parts of acts,"

 

by amending sections 1, 2, and 4 (MCL 780.651, 780.652, and

 

780.654), section 1 as amended by 2003 PA 185 and section 4 as

 

amended by 2002 PA 112.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) When an affidavit is made on oath to a magistrate

 

authorized to issue warrants in criminal cases, and the affidavit

 

establishes grounds for issuing a warrant under this act, the

 

magistrate, if he or she is satisfied that there is probable cause

 

for the search, shall issue a warrant to search the house,

 

building, or other location or place where the person, property, or

 

thing to be searched for and seized is situated.


 

     (2) An affidavit for a search warrant may be made by any

 

electronic or electromagnetic means of communication, including by

 

facsimile or over a computer network, if both of the following

 

occur:

 

     (a) The judge or district court magistrate orally administers

 

the oath or affirmation to an applicant for a search warrant who

 

submits an affidavit under this subsection.

 

     (b) The affiant signs the affidavit. Proof that the affiant

 

has signed the affidavit may consist of an electronically or

 

electromagnetically transmitted facsimile of the signed affidavit

 

or an electronic signature on an affidavit transmitted over a

 

computer network.

 

     (3) A judge or district court magistrate may issue a written

 

search warrant in person or by any electronic or electromagnetic

 

means of communication, including by facsimile or over a computer

 

network.

 

     (4) The peace officer or department receiving an

 

electronically or electromagnetically issued search warrant shall

 

receive proof that the issuing judge or district court magistrate

 

has signed the warrant before the warrant is executed. Proof that

 

the issuing judge or district court magistrate has signed the

 

warrant may consist of an electronically or electromagnetically

 

transmitted facsimile of the signed warrant or an electronic

 

signature on a warrant transmitted over a computer network.

 

     (5) If an oath or affirmation is orally administered by

 

electronic or electromagnetic means of communication under this

 

section, the oath or affirmation is considered to be administered


 

before the judge or district court magistrate.

 

     (6) If an affidavit for a search warrant is submitted by

 

electronic or electromagnetic means of communication, or a search

 

warrant is issued by electronic or electromagnetic means of

 

communication, the transmitted copies of the affidavit or search

 

warrant are duplicate originals of the affidavit or search warrant

 

and are not required to contain an impression made by an impression

 

seal.

 

     (7) Except as provided in subsection (8), an affidavit for a

 

search warrant contained in any court file or court record

 

retention system is nonpublic information.

 

     (8) On the fifty-sixth day following the issuance of a search

 

warrant, the search warrant affidavit contained in any court file

 

or court record retention system is public information unless,

 

before the fifty-sixth day after the search warrant is issued, a

 

peace officer or prosecuting attorney obtains a suppression order

 

from a magistrate upon a showing under oath that suppression of the

 

affidavit is necessary to protect an ongoing investigation or the

 

privacy or safety of a victim or witness. The suppression order may

 

be obtained ex parte in the same manner that the search warrant was

 

issued. An initial suppression order issued under this subsection

 

expires on the fifty-sixth day after the order is issued. A second

 

or subsequent suppression order may be obtained in the same manner

 

as the initial suppression order and shall expire on a date

 

specified in the order. This subsection and subsection (7) do not

 

affect a person's right to obtain a copy of a search warrant

 

affidavit from the prosecuting attorney or law enforcement agency


 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     Sec. 2. (1) A warrant may be issued to search for and seize

 

any property or other thing which that is either 1 or more of the

 

following:

 

     (a) Stolen or embezzled in violation of any a law of this

 

state.

 

     (b) Designed and intended for use, or which that is or has

 

been used, as the means of committing a criminal offense crime.

 

     (c) Possessed, controlled, or used wholly or partially in

 

violation of any a law of this state.

 

     (d) Evidence of crime or criminal conduct. on the part of any

 

person.

 

     (e) Contraband.

 

     (f) The bodies body or persons person of human beings a human

 

being or of animals, who an animal that may be the victims victim

 

of a criminal offense crime.

 

     (g) The object of a search warrant under any other another law

 

of this state providing for the same search warrant. If there is a

 

conflict exists between this act and any other another search

 

warrant law, this act shall be deemed controlling controls.

 

     (2) A warrant may be issued to search for and seize a person

 

who is the subject of either of the following:

 

     (a) An arrest warrant for the apprehension of a person charged

 

with a crime.

 

     (b) A bench warrant issued in a criminal case.

 

     Sec. 4. (1) A search warrant shall be directed to the sheriff


 

or any peace officer, commanding the sheriff or peace officer to

 

search the house, building, or other location or place, where any

 

the person, property, or other thing for which the sheriff or peace

 

officer is required to search is believed to be concealed. Each

 

warrant shall designate and describe the house or building or other

 

location or place to be searched and the property or thing to be

 

seized.

 

     (2) The warrant shall either state the grounds or the probable

 

or reasonable cause for its issuance or shall have attached to it a

 

copy of the affidavit.

 

     (3) Upon a showing that it is necessary to protect an ongoing

 

investigation or the privacy or safety of a victim or witness, the

 

magistrate may order that the affidavit be suppressed and not be

 

given to the person whose property was seized or whose premises

 

were searched until that person is charged with a crime or named as

 

a claimant in a civil forfeiture proceeding involving evidence

 

seized as a result of the search.