Bill Text: MI HB5013 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: warrants; no-knock search warrants; prohibit and require certain procedures for certain warrants. Amends sec. 6 of 1966 PA 189 (MCL 780.656) & adds sec. 6a.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2021-06-16 - Bill Electronically Reproduced 06/15/2021 [HB5013 Detail]
Download: Michigan-2021-HB5013-Introduced.html
HOUSE BILL NO. 5013
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 section 6 (MCL 780.656) and by adding section 6a.
the people of the state of michigan enact:
Sec. 6. The officer to whom a warrant is directed, or any person assisting him, may break any outer or inner door or window of a house or building, or anything therein, in order to execute the warrant, if, after notice of his authority and purpose, he is refused admittance, or when necessary to liberate himself or any person assisting him in execution of the warrant.
(1) A search warrant may be executed only within the period and at the times authorized by the warrant and only by a law enforcement officer. A law enforcement officer charged with the execution of a warrant may be accompanied by any other individuals who may be reasonably necessary for the safe and successful execution of the warrant.
(2) Before entering the premises, the law enforcement officer executing a search warrant shall do all of the following:
(a) Physically knock on an entry door to the premises in a manner and duration that can be heard by the occupants.
(b) Clearly announce in a manner that can be heard by the occupants that law enforcement is executing a search warrant.
(c) Wait a minimum of 10 seconds or for a reasonable amount of time for occupants to respond, whichever is greater, before entering the premises.
(3) A law enforcement officer executing a search warrant shall not make forcible entry into the premises to be searched without a warrant specifically authorizing forcible entry.
(4) Before undertaking any search or seizure pursuant to a search warrant, the law enforcement officer shall read and give a copy of the warrant to the person to be searched, or to the person in apparent control of the premises or property to be searched. If the premises are unoccupied or there is no one in apparent control, the law enforcement officer shall leave a copy of the warrant suitably affixed to the premises.
(5) A law enforcement officer shall not seek, execute, or participate in the execution of a search warrant that does not require the persons executing the warrant to knock and announce themselves and their purpose.
Sec. 6a. (1) All law enforcement officers present in the execution of a search warrant must be equipped with an operating body-worn camera.
(2) Each law enforcement officer shall activate his or her body-worn camera no later than 5 minutes before the execution of the search warrant, and shall not deactivate the body-worn camera earlier than 5 minutes after the completion of the execution of the search warrant.
