CONSENT FOR SEARCH OF RESIDENCE                                                   S.B. 114 (S-2):

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

Senate Bill 114 (Substitute S-2 as reported)

Sponsor:  Senator Peter J. Lucido

Committee:  Judiciary and Public Safety

CONTENT

The bill would amend the Code of Criminal Procedure to do the following:

-- Prohibit a law enforcement officer from entering or searching a residence without a valid search warrant, except under exigent circumstances or as otherwise provided in the bill, if a resident expressly objected to the entry or the search, regardless of whether another resident consented.

-- Provide that evidence knowingly obtained in violation of that prohibition would be inadmissible in a criminal action against the person who objected, but could be used to revoke parole or probation or to impeach a defendant's testimony.

-- Specify that the prohibition would not apply if a resident who consented to an entry or search were the victim of an alleged crime committed by a resident who objected to the entry or search.

-- Specify that a minor resident's objection could not prevent a warrantless entry or search if the minor's parent or guardian, who also was a resident, consented to the entry or search.

-- Specify that the bill would apply only to an individual who was a resident at the residence at which entry was sought.

MCL 760.25c                                                         Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  10-4-19                                                    Fiscal Analyst:  Bruce Baker

                                                                                                       Michael Siracuse

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.