SENATE BILL NO. 1016

July 22, 2020, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.

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 officer to whom a warrant is directed, or any person assisting him , may or her, shall, before entering the premises, identify himself or herself and give appropriate notice of his or her authority to conduct and the purpose of the search to the person to be searched, or to the person in apparent control of the premises to be searched.

(2) An officer may only 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, fulfilling the requirements under subsection (1), he or she is refused admittance , or when into the premises to be searched.

(3) Evidence that is obtained in violation of this section is inadmissible for any purpose.

(4) Subsections (1) and (2) do not apply if the breaking of an outer or inner door or window of a house or building, or anything therein, is necessary for a law enforcement officer to liberate himself or herself or any person assisting him or her in execution of the warrant from the premises subject to search.