Bill Text: MI SB0114 | 2019-2020 | 100th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-18 - Placed On Order Of Third Reading With Substitute (s-2) [SB0114 Detail]
Download: Michigan-2019-SB0114-Introduced.html
SENATE BILL No. 114
February 14, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 25c to chapter IV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 25c. (1) Except in exigent circumstances or as provided
in subsection (3), a law enforcement officer shall not enter or
search a residence without a valid search warrant if a resident
expressly objects to the entry or search. This subsection applies
even if another resident consents to the entry or search after the
objecting resident is no longer physically present at the
residence.
(2) Evidence knowingly obtained in violation of subsection (1)
is inadmissible in any criminal action against a person who
objected to the entry or search by which the evidence was
improperly obtained. However, that evidence may be used to revoke
parole or probation or impeach a defendant's testimony as otherwise
provided by law.
(3) Subsection (1) does not apply to a circumstance in which a
resident who consents to an entry or search is the victim of an
alleged criminal act committed by a resident who objects to the
search for which a law enforcement officer's purpose in entering
the residence is to obtain evidence of the alleged criminal act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
