Mich. Comp. Laws » Michigan Compiled Laws / Chapter 764 / Act 175 of 1927

Mich. Comp. Laws § 764.13

Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


764.13 Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint.

Sec. 13.

    A peace officer who has arrested a person for an offense without a warrant shall without unnecessary delay take the person arrested before a magistrate of the judicial district in which the offense is charged to have been committed, and shall present to the magistrate a complaint stating the charge against the person arrested.

History: Add. 1964, Act 58, Eff. Aug. 28, 1964 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981

Compiler's Notes:

    Former MCL 764.13, pertaining to the taking of persons arrested without warrants before a magistrate without unnecessary delay, was repealed by Act 44 of 1961.

Notes of Decisions
Cited in 57 cases (7 in the last 5 years), 1953–2025 · leading case: People v. Cipriano
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People v. Cipriano (1988) mich · cites it 10× “" MCL 764.13, 764.26; MSA 28.871(1), 28.885.”
People v. Mallory (1985) mich · cites it 6× “" MCL 764.13; MSA 28.871(1). "Every person charged with a felony shall, without unnecessary delay after his arrest, be taken before a magistrate or other judicial officer and, after being informed as to his rights, shall be given an opportunity publicly to make any statement and…”
People v. Wallach (1981) michctapp · cites it 4× “885 and MCL 764.13; MSA 28.871(1). Instead, defendant was not arraigned on the murder charge until March 12, 1979, following the giving of incriminating statements.”
Michigan v. Mosley (1975) scotus · cites it 2× “[2] Mich. Comp. Laws §§ 764.13 , 764.26 (1970); Mich.”
People v. Smith (1985) mich · cites it 2× “868(3), with MCL 764.13; MSA 28.871(1). Public servants other than peace officers can be authorized to serve appearance tickets for certain offenses of less than felony grade.”
Rouch v. Enquirer & News (1992) mich · cites it 2× “See MCL 764.13; MSA 28.871(1). [27] Similarly, Michigan Court Rules use "charge" to mean accuse.”
People v. Bladel (1986) mich · cites it 2× “[25] A Although the police had sufficient probable cause to obtain a warrant for defendant Jackson's arrest as a result of codefendant Knight's statements, they did not do so. Defendant was "arrested" on the murder charges on Tuesday, July 31, at 2 p.”
People v. Ricky Smith (1978) michctapp · cites it 2× “' MCLA 764.13, 764.26; MSA 28.871(1), 28.885.”
People v. Cain (2012) michctapp “” MCL 764.13; MCL 764.26; see also People v Manning, 243 Mich App 615, 622 ; 624 NW2d 746 (2000).”
Drogosch v. Metcalf (2009) ca6 “Mich. Comp. Laws § 764.13 . State law thus indicates that Metcalf bore the responsibility as a “peace officer who .”
People v. Antonio Johnson (1978) michctapp · cites it 2× “There is no question that the people are now restricted to prosecuting defendant for manslaughter.”
Janice Brown v. Andrew Knapp (2023) ca6 “” Mich. Comp. Laws § 764.13 . Thus, the officer or officers who arrested Brown had the legal obligation to ensure she received a probable cause hearing within 48 hours.”
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