Bill Text: MI SB0600 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; warrants; installation, placement, monitoring, and use of wiretapping or electronic monitoring device; allow in execution of search warrant. Amends sec. 1 of 1966 PA 189 (MCL 780.651) & adds sec. 1a. TIE BAR WITH: SB 0601'13
Spectrum: Moderate Partisan Bill (Republican 21-3)
Status: (Introduced - Dead) 2013-10-03 - Referred To Committee On Families, Seniors And Human Services [SB0600 Detail]
Download: Michigan-2013-SB0600-Introduced.html
SENATE BILL No. 600
October 3, 2013, Introduced by Senators JONES, NOFS, PAPPAGEORGE, SCHUITMAKER, BIEDA, HOPGOOD, ANANICH, PROOS, ROBERTSON, MARLEAU, CASPERSON, MOOLENAAR, BRANDENBURG, ROCCA, MEEKHOF, JANSEN, CASWELL, HANSEN, BOOHER, COLBECK, HILDENBRAND, RICHARDVILLE, KAHN and EMMONS and referred to the Committee on Families, Seniors and Human Services.
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 1 (MCL 780.651), as amended by 2009 PA 11, and
by adding section 1a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) When an affidavit is made on oath to a magistrate
authorized to issue warrants in criminal cases, and the affidavit
establishes grounds for issuing a warrant under this act, the
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) 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.
(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.
(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.
(7) Except as provided in subsection (8), an affidavit for a
search warrant contained in any court file or court record
retention system is nonpublic information.
(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 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) 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.
(9) This section does not apply to the following:
(a) The issuance of a search warrant to install, maintain,
use, and monitor a wiretapping or electronic monitoring device, as
that term is defined in section 1a, except as otherwise provided in
section 1a.
(b) The public release of information contained in an
affidavit and warrant issued under section 1a.
Sec. 1a. (1) A search warrant for a search using a tracking
device shall be issued in accordance with this section unless
otherwise stated in this section.
(2) When an affidavit is made on oath to a magistrate
authorized to issue warrants in criminal cases and the affidavit
establishes grounds for issuing a warrant under this section, the
magistrate, if he or she is satisfied that there is probable cause
for a search using a tracking device, shall issue a search warrant
to install, maintain, use, and monitor a wiretapping or electronic
monitoring device on the person or property described in the
affidavit.
(3) An affidavit made and a search warrant issued under this
section may be made and issued in the same manner as described for
a search warrant in section 1(2) to (6).
(4) Except as provided in subsection (5), an affidavit for a
search warrant for a search using a wiretapping or electronic
monitoring device and a warrant issued based on that affidavit is
nonpublic information.
(5) On the fifty-sixth day following the issuance of a search
warrant for a search using a wiretapping or electronic monitoring
device, the search warrant affidavit contained in a court file or
court record retention system, and any warrant issued based on that
affidavit, is public information, unless either of the following
circumstances exists:
(a) Before the fifty-sixth day after the search warrant is
issued, a peace officer or prosecuting attorney obtains a
suppression order from a magistrate upon a showing under oath that
suppression of the affidavit and warrant 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 subdivision 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 (4) do not affect a person's right to obtain a copy
of a search warrant affidavit or search warrant from the
prosecuting attorney or law enforcement agency under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(b) Upon a showing by a peace officer in an initial or
subsequent affidavit for a search warrant for a search using a
wiretapping or electronic monitoring device that it is necessary to
protect an ongoing investigation or the privacy or safety of a
victim or witness, the magistrate may order that the affidavit and
any warrant issued under that affidavit be suppressed and not given
to a person who has any interest in the private place being
monitored until that person is charged with a crime or named as a
claimant in a civil forfeiture proceeding involving evidence
obtained from the monitoring.
(6) A warrant may be issued to conduct a search using a
wiretapping or electronic monitoring device if the monitoring of a
person, property, or other thing is evidence of a violation or
violations of the laws of this state and may include any of the
grounds described in section 2.
(7) The magistrate's finding of reasonable or probable cause
shall be in accordance with section 3.
(8) If a warrant is issued for the wiretapping or electronic
monitoring of a person, property, or other thing, the warrant shall
be directed to the sheriff or any peace officer, commanding the
sheriff or peace officer to install, use, maintain, and remove a
wiretapping or electronic monitoring device. The warrant shall
designate and describe the person, property, or other thing to be
monitored using a wiretapping or electronic monitoring device.
(9) If a warrant has been issued for wiretapping or
electronically monitoring a person, property, or other thing, an
officer executing the warrant is exempt from the requirements of
section 4. At the conclusion of monitoring using a wiretapping or
electronic monitoring device, the officer executing a search
warrant issued under this section shall promptly file a tabulation
with the court or magistrate. The tabulation shall describe any
monitoring performed under the warrant, including the dates, times,
and duration of the monitoring. The tabulation shall not be given
to the person monitored or who holds an interest in the property or
other thing monitored until the monitoring has concluded and
criminal charges have been filed or a civil forfeiture proceeding
has been commenced, unless otherwise directed by law or by court
order. The tabulation may be suppressed by order of the court upon
a showing by the executing officer that suppression is necessary to
protect an ongoing investigation or the privacy or safety of a
victim or witness. The tabulation shall remain suppressed until the
investigation has concluded and criminal charges have been filed or
a civil forfeiture proceeding has been commenced, unless otherwise
directed by law or by court order. If the investigation concludes
and no criminal charges are filed or no civil forfeiture proceeding
is commenced, the person monitored or person who holds an interest
in the property or other thing being monitored shall be provided
with a tabulation summarizing the monitoring conducted and a copy
of the warrant unless the warrant is suppressed as otherwise
provided in this act.
(10) If requested in the affidavit and included in the
warrant, the officer to whom a warrant for a search utilizing a
wiretapping or electronic monitoring device is directed, or any
person assisting the officer, may enter onto private property or
enter a private vehicle, without the knowledge or consent of the
owner or person holding an interest in the private property or
vehicle, to effect the installation, maintenance, and removal of a
wiretapping or electronic monitoring device.
(11) As used in this section:
(a) "Maintenance" includes, but is not limited to, efforts to
maintain a signal that may require replacement of 1 device for
another, changing of a power source or battery, the adjustment of a
device's wiring, and similar activities.
(b) "Wiretapping or electronic monitoring device" means a
device for observing, recording, transmitting, photographing, or
eavesdropping upon sounds or events.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 601
of the 97th Legislature is enacted into law.
