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.