Bill Text: MI HB4321 | 2015-2016 | 98th 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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-02-18 - Referred To Committee Of The Whole [HB4321 Detail]
Download: Michigan-2015-HB4321-Introduced.html
HOUSE BILL No. 4321
March 11, 2015, Introduced by Rep. Lucido and referred to the Committee on Criminal Justice.
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, a law
enforcement officer shall not search a residence without a valid
search warrant if a resident expressly objects to the entry or
search. This section applies even if another resident consents to
the entry or search after the objecting resident is no longer
physically present at the residence. As used in this subsection,
"exigent circumstances" includes, but is not limited to, a
circumstance in which a resident who consents to an entry or search
under this subsection is the victim of an alleged criminal act
committed by a resident who objects to the search in which evidence
is obtained.
(2) Evidence obtained in the search of a residence 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.
