Bill Text: MI SB0931 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; warrants; district court magistrate to issue arrest warrant or search warrant electronically; allow. Amends secs. 1, 3 & 5 of 1966 PA 189 (MCL 780.651 et seq.).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2014-12-30 - Assigned Pa 0383'14 With Immediate Effect [SB0931 Detail]
Download: Michigan-2013-SB0931-Introduced.html
SENATE BILL No. 931
May 7, 2014, Introduced by Senators JONES, HANSEN, NOFS and PROOS 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, 3, and 5 (MCL 780.651, 780.653, and
780.655), section 1 as amended by 2009 PA 11, section 3 as amended
by 1988 PA 80, and section 5 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 judge or
district court magistrate authorized to issue warrants in criminal
cases, and the affidavit establishes grounds for issuing a warrant
under this act, the judge or district court 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) A judge or district court magistrate may sign an
electronically issued search warrant when he or she is at any
location in this state.
(5) (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.
(6) (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.
(7) (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.
(8) (7)
Except as provided in subsection (8),
(9), an
affidavit for a search warrant contained in any court file or court
record retention system is nonpublic information.
(9) (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 judge or district court 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) (8) 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. 3. The judge or district court magistrate's finding of
reasonable or probable cause shall be based upon all the facts
related within the affidavit made before him or her. The affidavit
may be based upon information supplied to the complainant by a
named or unnamed person if the affidavit contains 1 of the
following:
(a) If the person is named, affirmative allegations from which
the judge or district court magistrate may conclude that the person
spoke with personal knowledge of the information.
(b) If the person is unnamed, affirmative allegations from
which the judge or district magistrate may conclude that the person
spoke with personal knowledge of the information and either that
the unnamed person is credible or that the information is reliable.
Sec. 5. (1) When an officer in the execution of a search
warrant finds any property or seizes any of the other things for
which a search warrant is allowed by this act, the officer, in the
presence of the person from whose possession or premises the
property or thing was taken, if present, or in the presence of at
least 1 other person, shall make a complete and accurate tabulation
of the property and things that were seized. The officer taking
property or other things under the warrant shall give to the person
from whom or from whose premises the property was taken a copy of
the warrant and shall give to the person a copy of the tabulation
upon completion, or shall leave a copy of the warrant and
tabulation at the place from which the property or thing was taken.
The officer is not required to give a copy of the affidavit to that
person or to leave a copy of the affidavit at the place from which
the property or thing was taken.
(2) The officer shall file the tabulation promptly with the
court
judge or district
court magistrate. The tabulation may be
suppressed
by order of the court judge
or district court magistrate
until the final disposition of the case unless otherwise ordered.
The property and things that were seized shall be safely kept by
the officer so long as necessary for the purpose of being produced
or used as evidence in any trial.
(3) As soon as practicable, stolen or embezzled property shall
be restored to the owner of the property. Other things seized under
the
warrant shall be disposed of under direction of the court judge
or district court magistrate, except that money and other useful
property shall be turned over to the state, county or municipality,
the officers of which seized the property under the warrant. Money
turned over to the state, county, or municipality shall be credited
to the general fund of the state, county, or municipality.
