Criminal procedure: warrants; execution of search warrants; modify. Amends sec. 6 of 1966 PA 189 (MCL 780.656).
The proposed changes in HB 6118 are aimed at balancing the rights of individuals with the needs of law enforcement. If passed, this bill would enforce stricter guidelines on how and when officers can enter a property forcibly. It allows for forcible entry without prior announcement only under specific circumstances, such as imminent danger or if announcing their presence could compromise an investigation. These amendments could significantly impact judicial procedures and the handling of search warrant executions across the state.
House Bill 6118 proposes amendments to the procedural framework governing the execution of search warrants under Michigan law. Specifically, it modifies section 6 of 1966 PA 189. The bill stipulates that law enforcement officers must announce their identity and purpose when executing a search warrant and must wait a reasonable period before attempting forcible entry into a premises. This is designed to ensure compliance with the legal rights of individuals while allowing law enforcement to carry out their duties effectively.
There may be points of contention regarding how the bill defines 'reasonable period of time,' as this is subjective and can vary significantly based on the circumstances. Critics might raise concerns that while the bill protects individual rights, it could hinder law enforcement by delaying action in critical situations. There is potential for debate on the practical implications of these guidelines, particularly in high-stakes scenarios where time is crucial for evidence preservation or victim safety.
As of December 10, 2024, the bill has been reported with a recommendation and substitute H-1, effectively progressing through the legislative process.