HOUSE BILL No. 4012

 

 

January 11, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.

 

     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 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.