THE MICHIGAN PENAL CODE
Act 328 of 1931
750.308 Gaming house; search warrant; seizure of apparatus and material; arrest.
Sec. 308.
If a person makes oath before a judge that he or she has probable cause to believe and does believe that a house or other building, room, or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used, or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as a policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act, or event, and that persons resort thereto for any such purpose, the judge, whether the names of the persons last mentioned are known to the complainant or not, shall, if he or she be satisfied there is reasonable cause for such belief, issue a warrant commanding the sheriff or deputy sheriff or any constable or police officer to enter and search such house, building, room, or place, and if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus, or material of any form of gaming be found in the place, to take into his or her custody all the implements, apparatus, or material of gaming, including any articles, equipment, furniture, loud speakers and amplifying apparatus, adding machines, calculators, money changers and boxes, and money found therein or in or on gambling apparatus, or material used in connection with or the promotion of gambling or a gambling place; and upon the finding of such apparatus and material of any form of gaming, the officers shall be authorized to arrest the keepers of the place, all persons in any way assisting in keeping the same, whether as capper, tout, guard, doorkeep, lookout, or otherwise, and all persons who are there found, and to keep the persons, implements, apparatus, or material of gaming, including any punch board prizes, articles, equipment, furniture, loud speakers and amplifying apparatus, adding machines, calculators, money changers and boxes, and money found therein or in or on gambling apparatus, or material used in connection with or the promotion of gambling or a gambling place, so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of law relative to destroying or other disposition of gaming articles shall apply to all articles and property seized as herein provided.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 25, Eff. Jan. 10, 1942 ;-- CL 1948, 750.308 ;-- Am. 1953, Act 64, Eff. Oct. 2, 1953 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991
FormerLaw Notes:
See section 7 of Act 176 of 1925, being CL 1929, § 9127.
Notes of Decisions
Michigan Ex Rel Comm'r of State Police v. Nine Money Fall Games, 343 N.W.2d 576 (Mich. Ct. App. 1983).
· cites it 3× “540(1) which provides for the disposition of articles and property used in connection with illegal gambling and seized in accordance with MCL 750.308; MSA 28.540. The items named in the petition were seized pursuant to a validly issued search warrant on January 21, 1982.”
People v. Lopez, 466 N.W.2d 397 (Mich. Ct. App. 1991).
· cites it 2× “Furthermore, One Helix Game involved the seizure and destruction of a gambling apparatus under MCL 750.308; MSA 28.540. Neither Lippert nor One Helix Game concerned that portion of MCL 750.”
Oakland Cnty. v. Bice, 191 N.W.2d 338 (Mich. 1971).
· cites it 2× “This section specifically treats of property “lawfully seized” pursuant to the provisions of MCLA § 750.308 (Stat Ann 1954 Rev § 28.540) and hence is patently inappropriate.”
People v. United States Currency, 383 N.W.2d 633 (Mich. Ct. App. 1986).
· cites it 2× “Petitioners brought a petition for forfeiture under MCL 750.308; MSA 28.540 and MCL 750.308a; MSA 28.”
In Re Forfeiture of Cash & Gambling Paraphernalia, 512 N.W.2d 49 (Mich. Ct. App. 1993).
“114(D) provides that the signature of an attorney or party constitutes a certification that (1) the attorney or party has read the pleading; (2) to the best of the attorney's or party's knowledge, information, and belief formed after reasonable inquiry, the pleading is well…”
Cnty. of Saginaw v. Cergnul, 203 Mich. App. 69 (Mich. Ct. App. 1993).
“114(D) provides that the signature of an attorney or party constitutes a certification that (1) the attorney or party has read the pleading; (2) to the best of the attorney’s or party’s knowledge, information, and belief formed after reasonable inquiry, the pleading is well…”
Lobaido v. Detroit Police Comm'r, 166 N.W.2d 515 (Mich. Ct. App. 1968).
“540[1]): “On application of a sheriff, chief of police of a police department, commissioner of the Michigan state police, or other peace officer, a court or magistrate of competent jurisdiction may upon due notice and hearing turn over to said sheriff, ehief of a police…”
Oakland Cnty. v. Bice, 178 N.W.2d 126 (Mich. Ct. App. 1970).
“This action was commenced pursuant to CLS 1961, §§ 750.308 and 750.308a (Stat Ann 1954 Rev §§ 28.”
People v. Cofield, 154 N.W.2d 675 (Mich. Ct. App. 1967).
· cites it 2× “” The search warrant issued by the municipal judge in the present case was authorized under CL 1948, § 750.308 (Stat Ann 1954 Rev § 28.540) which reads as follows: “If a person makes oath before justice of the peace or committing magistrate that he has probable cause to believe…”
— Mich. Comp. Laws § 750.308(a) — 1 case
Lobaido v. Detroit Police Comm'r, 166 N.W.2d 515 (Mich. Ct. App. 1968).
“540[1]): “On application of a sheriff, chief of police of a police department, commissioner of the Michigan state police, or other peace officer, a court or magistrate of competent jurisdiction may upon due notice and hearing turn over to said sheriff, ehief of a police…”
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