Mich. Comp. Laws » Michigan Compiled Laws / Chapter 763 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 763.7 (2026)

Definitions.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


763.7 Definitions.

Sec. 7.

    As used in this section and sections 8 to 10 of this chapter:

    (a) "Custodial detention" means an individual's being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the circumstances, reasonably could believe that he or she is under a law enforcement official's control and is not free to leave.

    (b) "Interrogation" means questioning in a criminal investigation that may elicit a self-incriminating response from an individual and includes a law enforcement official's words or actions that the law enforcement official should know are reasonably likely to elicit a self-incriminating response from the individual.

    (c) "Law enforcement official" means any of the following:

    (i) A police officer of this state or a political subdivision of this state as defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

    (ii) A county sheriff or his or her deputy.

    (iii) A prosecuting attorney.

    (iv) A public safety officer of a college or university.

    (v) A conservation officer of the department of natural resources and environment.

    (vi) An individual acting under the direction of a law enforcement official described in subparagraphs (i) to (v).

    (d) "Major felony" means a felony punishable by imprisonment for life, for life or any term of years, or for a statutory maximum of 20 years or more, or a violation of section 520d of the Michigan penal code, 1931 PA 328, MCL 750.520d.

    (e) "Major felony recording" means the interrogation recording required under section 8 of this chapter or a duplicate of that recording.

    (f) "Place of detention" means a police station, correctional facility, or prisoner holding facility or another governmental facility where an individual may be held in connection with a criminal charge that has been or may be filed against the individual.

History: Add. 2012, Act 479, Eff. Mar. 28, 2013

Notes of Decisions
Cited in 23 cases, 2015–2020 · leading case: People v. Feeley, 885 N.W.2d 223 (Mich. 2016).
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People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “] Similarly, the definition of “law enforcement official” in MCL 763.7(c)(i) includes “[a] police officer of this state or a political subdivision of this state as defined in section 2 of the commission on law enforcement standards act, .”
People of Michigan v. John Edward Barritt (Mich. Ct. App. 2017). · cites it 10× “The court granted defendant’s motion, in part on reliance on MCL 763.7, and we granted the prosecution’s interlocutory application for leave to appeal.”
People of Michigan v. John Edward Barritt (Mich. Ct. App. 2017). · cites it 10× “The court granted defendant’s motion, in part on reliance on MCL 763.7, and we granted the prosecution’s interlocutory application for leave to appeal.”
People of Michigan v. Raymond Keith Dishno (Mich. Ct. App. 2018). · cites it 3× “] MCL 763.7 gives the following relevant definitions: (a) “Custodial detention” means an individual’s being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the…”
Zintman 482121 v. Horton (W.D. Mich. 2020). · cites it 3× “Petitioner’s argument turns on whether he was in “custodial detention,” as defined by Mich. Comp. Laws § 763.7 (a), at the time he made his statement.”
State v. Hasim Munir, 209 A.3d 545 (2019). “§§ 2-402 and 2-403 (2008) (Maryland); Mich. Comp. Laws §§ 763.7 -11 (2013) (Michigan); Mo.”
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017). · cites it 2× “Specifically, the provisions read as follows: (3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement [MCL 763.7 through MCL 763.10] and this section within 120 days after receiving funds under this section from the Michigan commission on law…”
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017). · cites it 2× “Specifically, the provisions read as follows: (3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement [MCL 763.7 through MCL 763.10] and this section within 120 days after receiving funds under this section from the Michigan commission on law…”
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017). · cites it 2× “Specifically, the provisions read as follows: (3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement [MCL 763.7 through MCL 763.10] and this section within 120 days after receiving funds under this section from the Michigan commission on law…”
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017). · cites it 2× “Specifically, the provisions read as follows: (3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement [MCL 763.7 through MCL 763.10] and this section within 120 days after receiving funds under this section from the Michigan commission on law…”
People of Michigan v. Keith Irving Luesing (Mich. Ct. App. 2017). · cites it 2× “333206), slip op at 5, “MCL 763.7 is the definitional provision that applies to MCL 763.”
People of Michigan v. Keith Irving Luesing (Mich. Ct. App. 2017). · cites it 2× “333206), slip op at 5, “MCL 763.7 is the definitional provision that applies to MCL 763.”
Show all 23 citing cases →
— Mich. Comp. Laws § 763.7(a) — 6 cases
People of Michigan v. John Edward Barritt (Mich. Ct. App. 2017). “The court granted defendant’s motion, in part on reliance on MCL 763.7, and we granted the prosecution’s interlocutory application for leave to appeal.”
People of Michigan v. John Edward Barritt (Mich. Ct. App. 2017). “The court granted defendant’s motion, in part on reliance on MCL 763.7, and we granted the prosecution’s interlocutory application for leave to appeal.”
People of Michigan v. Steven Scott Zintman (Mich. Ct. App. 2018).
People of Michigan v. Steven Scott Zintman (Mich. Ct. App. 2018).
People of Michigan v. Raymond Keith Dishno (Mich. Ct. App. 2018). “] MCL 763.7 gives the following relevant definitions: (a) “Custodial detention” means an individual’s being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the…”
— Mich. Comp. Laws § 763.7(b) — 3 cases
People of Michigan v. Keith Irving Luesing (Mich. Ct. App. 2017). “333206), slip op at 5, “MCL 763.7 is the definitional provision that applies to MCL 763.”
People of Michigan v. Keith Irving Luesing (Mich. Ct. App. 2017). “333206), slip op at 5, “MCL 763.7 is the definitional provision that applies to MCL 763.”
People of Michigan v. Raymond Keith Dishno (Mich. Ct. App. 2018). “] MCL 763.7 gives the following relevant definitions: (a) “Custodial detention” means an individual’s being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the…”
— Mich. Comp. Laws § 763.7(c)(i) — 1 case
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “] Similarly, the definition of “law enforcement official” in MCL 763.7(c)(i) includes “[a] police officer of this state or a political subdivision of this state as defined in section 2 of the commission on law enforcement standards act, .”
— Mich. Comp. Laws § 763.7(d) — 13 cases
People of Michigan v. Tyrell Lamar Sheppard (Mich. Ct. App. 2017).
People of Michigan v. Steven Paul Thompson (Mich. Ct. App. 2016).
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017). “Specifically, the provisions read as follows: (3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement [MCL 763.7 through MCL 763.10] and this section within 120 days after receiving funds under this section from the Michigan commission on law…”
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017). “Specifically, the provisions read as follows: (3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement [MCL 763.7 through MCL 763.10] and this section within 120 days after receiving funds under this section from the Michigan commission on law…”
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2017). “Specifically, the provisions read as follows: (3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement [MCL 763.7 through MCL 763.10] and this section within 120 days after receiving funds under this section from the Michigan commission on law…”
— Mich. Comp. Laws § 763.7(f) — 2 cases
People of Michigan v. John Edward Barritt (Mich. Ct. App. 2017). “The court granted defendant’s motion, in part on reliance on MCL 763.7, and we granted the prosecution’s interlocutory application for leave to appeal.”
People of Michigan v. John Edward Barritt (Mich. Ct. App. 2017). “The court granted defendant’s motion, in part on reliance on MCL 763.7, and we granted the prosecution’s interlocutory application for leave to appeal.”
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