HOUSE BILL No. 5270


     October 17, 2001, Introduced by Reps. Caul, Woronchak, Kuipers, Birkholz, Allen, Meyer, Jelinek, Richardville, Pumford, Toy, Newell, Scranton,
Shackleton, Patterson, Vander Veen, Middaugh, Cassis, Gilbert, Sanborn and DeVuyst and referred to the Committee on Criminal Justice.


        A bill to amend 1966 PA 189, entitled

   "An act to provide procedures for making complaints for, obtain-
   ing, executing and returning search warrants; and to repeal cer-
   tain acts and parts of acts,"

   by amending sections 4 and 5 (MCL 780.654 and 780.655).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 4.  (1) A search warrant shall be directed to the sher-

 2
      iff or any peace officer, commanding  such  THE SHERIFF OR PEACE

 3
      officer to search the house, building, or other location or

 4
      place, where any property or other thing for which  he  THE SHER-

 5
      IFF OR PEACE OFFICER is required to search is believed to be

 6
      concealed.  Each warrant shall designate and describe the house

 7
      or building or other location or place to be searched and the

 8
      property or thing to be seized.

 9
           (2) The warrant shall  also  EITHER state the grounds or the

10
      probable or reasonable cause for its issuance  ,  or  in lieu


   05226'01                                                 DRM                                   2

 1
      thereof,  SHALL HAVE ATTACHED TO IT a copy of the affidavit.  may

 2
      be attached thereto.  IF A COPY OF THE AFFIDAVIT IS ATTACHED TO

 3
      THE WARRANT, THE OFFICER IN CHARGE OF EXECUTING THE WARRANT IS

 4
      NOT REQUIRED TO SHOW OR GIVE THE AFFIDAVIT, OR A COPY OF THE

 5
      AFFIDAVIT, TO ANY PERSON WHOSE PREMISES ARE BEING SEARCHED.

 6
           Sec. 5.  (1) When an officer in the execution of a search

 7
      warrant finds any property or seizes any of the other things for

 8
      which a search warrant is allowed by this act, the officer, in

 9
      the presence of the person from whose possession or premises the

10
      property or thing was taken, if present, or in the presence of at

11
      least 1 other person, shall make a complete and accurate tabula-

12
      tion of the property and things  so  THAT WERE seized.  The offi-

13
      cer taking property or other things under the warrant shall

14
       forthwith  give to the person from whom or from whose premises

15
      the property was taken a copy of the warrant and shall give to

16
      the person a copy of the tabulation upon completion, or shall

17
      leave a copy of the warrant and tabulation at the place from

18
      which the property or thing was taken.   He  THE OFFICER IS NOT

19
      REQUIRED TO GIVE A COPY OF THE AFFIDAVIT TO THAT PERSON OR TO

20
      LEAVE A COPY OF THE AFFIDAVIT AT THE PLACE FROM WHICH THE PROP-

21
      ERTY OR THING WAS TAKEN.

22
           (2) THE OFFICER shall file the tabulation promptly with the

23
      court or magistrate.  The tabulation AND THE AFFIDAVIT may be

24
      suppressed by order of the court until the final disposition of

25
      the case unless otherwise ordered.  The property and things  so

26
      THAT WERE seized shall be safely kept by the officer so long as





   05226'01                                   3

 1
      necessary for the purpose of being produced or used as evidence

 2
       on  IN any trial.

 3
           (3) As soon as practicable after trial, stolen or embezzled

 4
      property shall be restored to the owner  thereof  OF THE

 5
      PROPERTY.  Other things seized under the warrant shall be dis-

 6
      posed of under direction of the court or magistrate, except that

 7
       moneys  MONEY and other useful property shall be turned over to

 8
      the state, county or municipality, the officers of which seized

 9
      the property under the warrant.   Such moneys  MONEY TURNED OVER

10
      TO THE STATE, COUNTY, OR MUNICIPALITY shall be credited to the

11
      general fund of the state, county, or municipality.


































   05226'01          Final page.                            DRM