HOUSE BILL No. 4645


     April 17, 1997, Introduced by Reps. McNutt, Brackenridge, Hammerstrom, Goschka, McBryde and Middleton and referred to the Committee on Judiciary.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   (MCL 760.1 to 776.22) by adding section 27a to chapter VIII.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                               CHAPTER VIII

 2         SEC. 27A.  (1) A COURT SHALL NOT EXCLUDE EVIDENCE THAT IS

 3    OTHERWISE ADMISSIBLE IN A CRIMINAL PROCEEDING ON THE BASIS THAT

 4    THE EVIDENCE WAS OBTAINED AS A RESULT OF AN UNCONSTITUTIONAL

 5    SEARCH OR SEIZURE IF THE COURT DETERMINES THAT THE SEARCH OR SEI-

 6    ZURE WAS CARRIED OUT UNDER CIRCUMSTANCES IN WHICH THE PEACE OFFI-

 7    CER ACTED WITH AN OBJECTIVELY REASONABLE GOOD FAITH BELIEF THAT

 8    HIS OR HER CONDUCT WAS LAWFUL AND CONSTITUTIONALLY PERMISSIBLE.

 9    CIRCUMSTANCES IN WHICH A PEACE OFFICER ACTED WITH AN OBJECTIVELY

10    REASONABLE GOOD FAITH BELIEF THAT HIS OR HER CONDUCT WAS LAWFUL




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 1    AND CONSTITUTIONALLY PERMISSIBLE INCLUDE, BUT ARE NOT LIMITED TO,

 2    OBTAINING EVIDENCE AS FOLLOWS:

 3         (A) PURSUANT TO A SEARCH WARRANT OR AN ARREST WARRANT

 4    OBTAINED FROM A NEUTRAL AND DETACHED MAGISTRATE THAT THE PEACE

 5    OFFICER REASONABLY BELIEVES TO BE VALID.

 6         (B) PURSUANT TO A WARRANTLESS SEARCH INCIDENT TO AN ARREST

 7    FOR VIOLATION OF A STATUTE OR ORDINANCE LATER DECLARED UNCONSTI-

 8    TUTIONAL OR OTHERWISE INVALIDATED.

 9         (C) IN RELIANCE UPON A COURT PRECEDENT THAT IS LATER

10    OVERRULED.

11         (2) A SHOWING THAT A PEACE OFFICER OBTAINED EVIDENCE PURSU-

12    ANT TO AND WITHIN THE SCOPE OF A SEARCH WARRANT CONSTITUTES PRIMA

13    FACIE EVIDENCE THAT THE PEACE OFFICER ACTED WITH AN OBJECTIVELY

14    REASONABLE GOOD FAITH BELIEF THAT HIS OR HER CONDUCT WAS LAWFUL

15    AND CONSTITUTIONALLY PERMISSIBLE.

16         (3) A COURT SHALL NOT EXCLUDE EVIDENCE THAT IS OTHERWISE

17    ADMISSIBLE IN A CRIMINAL PROCEEDING ON THE BASIS THAT THE EVI-

18    DENCE WAS OBTAINED IN VIOLATION OF A STATUTE, ORDINANCE, OR

19    ADMINISTRATIVE RULE UNLESS THE COURT FINDS 1 OR MORE OF THE

20    FOLLOWING:

21         (A) THE STATUTE, ORDINANCE, OR ADMINISTRATIVE RULE EXPRESSLY

22    AUTHORIZES EXCLUSION OF EVIDENCE AS A SANCTION FOR ITS

23    VIOLATION.

24         (B) THE VIOLATION WAS DELIBERATE AND NOT AUTHORIZED BY LAW.

25         (C) THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE RELIABILITY

26    OF THE EVIDENCE HAS BEEN MATERIALLY AFFECTED BY THE VIOLATION.





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 1         (D) EXCLUSION OF THE EVIDENCE IS REQUIRED UNDER THE

 2    CONSTITUTION OF THE UNITED STATES OR THIS STATE.

 3         (4) THIS SECTION DOES NOT REQUIRE OR AUTHORIZE THE EXCLUSION

 4    OF EVIDENCE IN ANY CRIMINAL PROCEEDING.
















































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