| 1 | | - | Substitute For SENATE BILL NO. 1094 A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending section 6 (MCL 780.656). the people of the state of michigan enact: Sec. 6. (1) The Except as otherwise provided in subsection (3) or (4), the law enforcement officer to whom a warrant is directed, or any person individual assisting him, the law enforcement officer, shall announce the law enforcement officer's identity and purpose, and wait a reasonable period of time before attempting forcible entry into a house or building when executing a warrant. (2) If after announcing identity and purpose and allowing the reasonable period of time to elapse as required under subsection (1), the law enforcement officer is not granted admittance the law enforcement officer may break any outer or inner door or window of a house or building, or anything therein, in order to execute the warrant, if, after notice of his authority and purpose, he is refused admittance, or when or if necessary to liberate himself the law enforcement officer or any person individual assisting him the law enforcement officer in execution of the warrant. (3) Entry into a house or building without first announcing identity and purpose and waiting a reasonable period of time is permitted if the law enforcement officer to whom a warrant is directed has reasonable cause to believe 1 or more of the following circumstances apply: (a) There exists imminent danger to the life of the executing law enforcement officer or another individual. (b) Evidence indicates that an individual present at the location where the warrant is to be executed is aware that law enforcement officers are at the location. (c) Announcing identity and purpose of the law enforcement officer before entering would inhibit the investigation of a crime. (4) If at the time of presenting the affidavit and application for a warrant to the judge or district court magistrate, the law enforcement officer possesses knowledge that 1 or more of the circumstances under subsection (3) exist at the location to be searched, the law enforcement officer shall include the information in the affidavit and shall seek authorization to enter without first announcing identity and purpose and waiting a reasonable period of time. If this subsection applies, the law enforcement officer shall also include in the affidavit, to the extent known, all of the following: (a) A list of all known occupants of the location to be searched. (b) Notation of any known disabilities of known occupants of the location. (c) Notation of animals known to occupy the location. (5) If authorization for entry without first announcing identity and purpose and waiting a reasonable period of time is sought under subsection (4), unless execution during a different period of time is requested in the warrant application and authorized in the warrant, entry without first announcing identity and purpose and waiting a reasonable period of time may only be made between the hours of 8 a.m. and 6 p.m. (6) A law enforcement officer engaged in the forcible entry of a dwelling or building during the execution of a warrant must be in uniform or otherwise be clearly recognizable as a law enforcement officer. (7) As used in this section "reasonable period of time" means a period of time that, under the totality of the circumstances known to the law enforcement officer, reasonably affords an occupant of the dwelling or building an opportunity to grant admittance to the law enforcement officer, taking into account the period of time it would take an occupant to destroy evidence. |
|---|
| 1 | + | SENATE BILL NO. 1094 A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending section 6 (MCL 780.656). the people of the state of michigan enact: Sec. 6. (1) The Unless forcible entry is permitted under subsection (3) or (4), the law enforcement officer to whom a warrant is directed, or any person individual assisting him, the law enforcement officer, shall announce the law enforcement officer's identity and purpose, and wait a reasonable period of time before attempting forcible entry into a house or building when executing a warrant. (2) If after announcing identity and purpose and allowing the reasonable period of time to elapse as required under subsection (1), the law enforcement officer is refused admittance the law enforcement officer may break any outer or inner door or window of a house or building, or anything therein, in order to execute the warrant, if, after notice of his authority and purpose, he is refused admittance, or when or if necessary to liberate himself the law enforcement officer or any person individual assisting him the law enforcement officer in execution of the warrant. (3) Entry into a house or building without first announcing identity and purpose and waiting a reasonable period of time is permitted if the law enforcement officer to whom a warrant is directed has reasonable cause to believe 1 or more of the following circumstances apply: (a) There exists imminent danger to the life of the executing law enforcement officer or another individual. (b) Evidence indicates that an individual present at the location where the warrant is to be executed is aware that law enforcement officers are at the location. (c) Announcing identity and purpose of the law enforcement officer before entering would inhibit the investigation of a crime. (4) If at the time of presenting the affidavit and application for a warrant to the judge or district court magistrate, the law enforcement officer possesses knowledge that 1 or more of the circumstances under subsection (3) exist at the location to be searched, the law enforcement officer shall include the information in the affidavit and shall seek authorization to enter without first announcing identity and purpose and waiting a reasonable period of time. If this subsection applies, the law enforcement officer shall also include in the affidavit, to the extent known, all of the following: (a) A list of all known occupants of the location to be searched. (b) Notation of any potential disabilities of known occupants of the location. (c) Notation of pets that may occupy the location. (5) If authorization for entry without first announcing identity and purpose and waiting a reasonable period of time is sought under subsection (4), unless execution during a different period of time is requested in the warrant application and authorized in the warrant, entry without first announcing identity and purpose and waiting a reasonable period of time may only be made between the hours of 8 a.m. and 6 p.m. (6) A law enforcement officer engaged in the forcible entry of a dwelling or building during the execution of a warrant must be in uniform or otherwise be clearly recognizable as a law enforcement officer. (7) As used in this section "reasonable period of time" means a period of time that, under the totality of the circumstances known to the law enforcement officer, reasonably affords an occupant of the dwelling or building an opportunity to grant admittance to the law enforcement officer, taking into account the period of time it would take an occupant to destroy evidence. |
|---|