SENATE BILL NO. 794

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 3 (MCL 780.653), as amended by 2014 PA 383.

the people of the state of michigan enact:

Sec. 3. (1) The judge or district court magistrate's finding of reasonable or probable cause shall must be based upon all the facts related within the affidavit made before him or her. The affidavit may be based upon information supplied to the complainant by a named or unnamed person if the affidavit contains 1 of the following:

(a) If the person is named, affirmative allegations from which the judge or district court magistrate may conclude that the person spoke with personal knowledge of the information.

(b) If the person is unnamed, affirmative allegations from which the judge or district magistrate may conclude that the person spoke with personal knowledge of the information and either that the unnamed person is credible or that the information is reliable.

(2) Evidence obtained in violation of subsection (1) or obtained as a result of a violation of subsection (1) is inadmissible in any criminal prosecution. However, that evidence may be used to revoke parole or probation or to impeach a defendant's testimony as otherwise provided by law.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.