SENATE BILL No. 1358

May 23, 2002, Introduced by Senators BULLARD, PETERS, DUNASKISS, JOHNSON

and CHERRY and referred to the Committee on Judiciary.

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 section 1 (MCL 780.651), as amended by 2002 PA 128.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. (1) When an affidavit is made on oath to a magis-

2 trate authorized to issue warrants in criminal cases, and the

3 affidavit establishes grounds for issuing a warrant pursuant to

4 this act, the magistrate, if he or she is satisfied that there is

5 probable cause for the search, shall issue a warrant to search

6 the house, building, or other location or place where the prop-

7 erty or thing to be searched for and seized is situated.

8 (2) An affidavit for a search warrant may be made by any

9 electronic or electromagnetic means of communication if both of

10 the following occur:

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1 (a) The judge or district court magistrate orally

2 administers the oath or affirmation to an applicant for a search

3 warrant who submits an affidavit under this subsection.

4 (b) The affiant signs the affidavit. Proof that the affiant

5 has signed the affidavit may consist of an electronically or

6 electromagnetically transmitted facsimile of the signed

7 affidavit.

8 (3) A judge may issue a written search warrant in person or

9 by any electronic or electromagnetic means of communication. If

10 a court order required pursuant to section 625a of the Michigan

11 vehicle code, 1949 PA 300, MCL 257.625a, is issued as a search

12 warrant, the written search warrant may be issued in person or by

13 any electronic or electromagnetic means of communication by a

14 judge or by a district court magistrate.

15 (4) The peace officer or department receiving an electroni-

16 cally or electromagnetically issued search warrant shall receive

17 proof that the issuing judge or district court magistrate has

18 signed the warrant before the warrant is executed. Proof that

19 the issuing judge or district court magistrate has signed the

20 warrant may consist of an electronically or electromagnetically

21 transmitted facsimile of the signed warrant.

22 (5) The state court administrator shall establish paper

23 quality and durability standards for warrants issued under this

24 section.

25 (6) If an oath or affirmation is orally administered by

26 electronic or electromagnetic means of communication under this

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1 section, the oath or affirmation is considered to be administered

2 before the judge or district court magistrate.

3 (7) If an affidavit for a search warrant is submitted by

4 electronic or electromagnetic means of communication, or a search

5 warrant is issued by electronic or electromagnetic means of com-

6 munication, the transmitted copies of the affidavit or search

7 warrant are duplicate originals of the affidavit or search war-

8 rant and are not required to contain an impression made by an

9 impression seal.

10 (8) A EXCEPT AS PROVIDED IN SUBSECTION (9), AN AFFIDAVIT

11 FOR A search warrant , affidavit, or tabulation contained in

12 any court file or COURT record retention system is nonpublic

13 information.

14 (9) ON THE FIFTY-SIXTH DAY FOLLOWING THE ISSUANCE OF A

15 SEARCH WARRANT, THE SEARCH WARRANT AFFIDAVIT CONTAINED IN ANY

16 COURT FILE OR COURT RECORD RETENTION SYSTEM IS PUBLIC INFORMATION

17 UNLESS, BEFORE THE FIFTY-SIXTH DAY AFTER THE SEARCH WARRANT IS

18 ISSUED, A PEACE OFFICER OR PROSECUTING ATTORNEY OBTAINS A SUP-

19 PRESSION ORDER FROM A JUDGE OR DISTRICT COURT MAGISTRATE UPON A

20 SHOWING UNDER OATH THAT SUPPRESSION OF THE AFFIDAVIT IS NECESSARY

21 TO PROTECT AN ONGOING INVESTIGATION OR THE PRIVACY OR SAFETY OF A

22 VICTIM OR WITNESS. THE SUPPRESSION ORDER MAY BE OBTAINED EX

23 PARTE IN THE SAME MANNER THAT THE SEARCH WARRANT WAS ISSUED.

24 THIS SUBSECTION AND SUBSECTION (8) DO NOT AFFECT A PERSON'S RIGHT

25 TO OBTAIN A COPY OF A SEARCH WARRANT AFFIDAVIT FROM THE PROSECUT-

26 ING ATTORNEY OR LAW ENFORCEMENT AGENCY UNDER THE FREEDOM OF

27 INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.

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