SEARCH WARRANT: NONPUBLIC INFO. - H.B. 5270 (H-1): COMMITTEE SUMMARY
House Bill 5270 (Substitute H-1 as passed by the House)
Sponsor: Representative Sandra Caul
House Committee: Criminal Justice
Senate Committee: Judiciary
CONTENT
The bill would amend Public Act 189 of 1966, which provides search warrant procedures, to specify that a search warrant, affidavit, or tabulation contained in any court file or record retention system would be nonpublic information.
MCL 780.651 -
BACKGROUND
Under Public Act 189, a search warrant must state the grounds or the probable or reasonable cause for its issuance, or have attached to it a copy of an affidavit that established grounds for issuing the search warrant and was made on oath to a magistrate or judge. When an officer executing a search warrant finds property or seizes any of the other things for which a search warrant is allowed, the officer must make a complete tabulation of the property and things seized. The officer must give the person from whom, or from whose premises, the property was taken a copy of the warrant and a copy of the tabulation, or leave a copy of the warrant and the tabulation at the place from which the property or thing was taken. The officer also must file the tabulation promptly with the court or magistrate. The tabulation may be suppressed by court order until the final disposition of the case, unless otherwise ordered.
- Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
- Fiscal Analyst: Bill BowermanS0102\s5270sa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.