Bill Text: MI HB5946 | 2013-2014 | 97th Legislature | Introduced

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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) 2014-11-13 - Printed Bill Filed 11/13/2014 [HB5946 Detail]

Download: Michigan-2013-HB5946-Introduced.html

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HOUSE BILL No. 5946

 

November 12, 2014, Introduced by Rep. McMillin 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.