SENATE BILL NO. 114
February 14, 2019, Introduced by Senator LUCIDO
and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
the people of the state of michigan enact:
CHAPTER IV
Sec. 25c. (1) Except in exigent circumstances or as provided in subsection (3), a law enforcement officer shall not enter or search a residence without a valid search warrant if a resident expressly objects to the entry or search. This subsection applies even if another resident consents to the entry or search after the objecting resident is no longer physically present at the residence.
(2) Evidence knowingly obtained in violation of subsection (1) is inadmissible in any criminal action against a person who objected to the entry or search by which the evidence was improperly obtained. However, that evidence may be used to revoke parole or probation or impeach a defendant's testimony as otherwise provided by law.
(3) Subsection (1) does not apply to a circumstance in which a resident who consents to an entry or search is the victim of an alleged criminal act committed by a resident who objects to the search for which a law enforcement officer's purpose in entering the residence is to obtain evidence of the alleged criminal act.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.