THE MICHIGAN PENAL CODE
Act 328 of 1931
750.552 Trespass upon lands or premises of another; exception; violation; penalty; "process server" defined.
Sec. 552.
(1) Except as otherwise provided in subsection (2), a person shall not do any of the following:
(a) Enter the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant.
(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.
(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.
(2) Subsection (1) does not apply to a process server who is on the land or premises of another while in the process of attempting, by the most direct route, to serve process upon any of the following:
(a) An owner or occupant of the land or premises.
(b) An agent of the owner or occupant of the land or premises.
(c) A lessee of the land or premises.
(3) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.
(4) As used in this section, "process server" means a person authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947, or supreme court rule to serve process.
History: Add. 1951, Act 102, Imd. Eff. May 31, 1951 ;-- Am. 2007, Act 167, Eff. Mar. 20, 2008 ;-- Am. 2013, Act 230, Imd. Eff. Dec. 26, 2013
Notes of Decisions
Woodland v. Michigan Citizens Lobby, 378 N.W.2d 337 (Mich. 1985).
· cites it 6× “The Flint Township Police further indicated that they would not enforce the Michigan trespassing statute, MCL 750.552; MSA 28.820(1). [7] See n 4. [8] On February 24, 1982, Equitable Life also filed an action against the Flint Township Police Department, the Genesee County…”
People v. Jenkins, 691 N.W.2d 759 (Mich. 2005).
· cites it 2× “[6] MCL 750.552, in relevant part, defines trespass as follows: Any person who shall wilfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or any…”
People v. Bolduc, 688 N.W.2d 316 (Mich. Ct. App. 2004).
· cites it 2× “[4] I agree that a scenario in which an officer persistently questions a suspect while obstinately refusing to leave the suspect's home could qualify as trespassing, an unreasonable seizure of the home, and a coercive tactic worthy of the suppression sanction.”
Arucan v. Cambridge E. Healthcare/Sava Seniorcare LLC, 347 F. Supp. 3d 318 (E.D. Mich. 2018).
· cites it 3× “Both defendants explain that they arrived on site at Cambridge East after receiving a call that an employee had been terminated and refused to leave the premises, which was confirmed by Ms.”
People v. Shankle, 577 N.W.2d 471 (Mich. Ct. App. 1998).
· cites it 2× “§ 750.552; M.S.A. § 28.820(1); Freeman, supra at 496-497 , 320 N.”
Baker v. Smiscik, 49 F. Supp. 3d 489 (E.D. Mich. 2014).
· cites it 2× “Additionally, the officers had specific and articulable facts to support a reasonable suspicion of criminal activity to detain Plaintiff briefly and seize his firearms temporarily. The unusual display of multiple firearms, coupled with a 911 call seeking assistance in removing…”
People v. Freeman, 320 N.W.2d 878 (Mich. 1982).
“As the Court recognized in Brown v Texas, supra, p 52, fn 2, such vague and conclusory testimony must be distinguished from "the observations of a trained, experienced police officer who is able to perceive and articulate meaning in given conduct which would be wholly innocent…”
People v. Coones, 550 N.W.2d 600 (Mich. Ct. App. 1996).
· cites it 2× “§ 750.552; M.S.A. § 28.820(1). Defendant was sentenced to concurrent terms of forty to sixty months for aggravated stalking, thirty-two to forty-eight months for malicious destruction of property, ninety days for entering a dwelling house without permission, and thirty days for…”
People v. Weinberg, 149 N.W.2d 248 (Mich. Ct. App. 1967).
· cites it 2× “367), and with failure to leave a business place when ordered by a duly authorized agent, in violation of OLS 1961, § 750.552 (Stat Ann 1954 Rev §28.820[1]).”
People v. Hubbard, 320 N.W.2d 294 (Mich. Ct. App. 1982).
“Defendants were arrested for criminal trespass on property belonging to the Consumers Power Company, MCL 750.552; MSA 28.820(1). At the time of their arrest, defendants were taking part in a demonstration at the site of the Big Rock Point Nuclear Power Plant located in…”
Woodland v. Michigan Citizens Lobby, 341 N.W.2d 174 (Mich. Ct. App. 1983).
· cites it 4× “Clearly, in the instant case, the political access sought by the defendant is entirely unrelated to Woodland's limited invitation to the general public to shop in its private property.”
— Mich. Comp. Laws § 750.552(1) — 3 cases
— Mich. Comp. Laws § 750.552(1)(a) — 1 case
— Mich. Comp. Laws § 750.552(1)(b) — 3 cases
— Mich. Comp. Laws § 750.552(a) — 1 case
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