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

Mich. Comp. Laws § 764.15 (2026)

Arrest by officer without warrant; situations; circumstances.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


764.15 Arrest by officer without warrant; situations; circumstances.

Sec. 15.

    (1) A peace officer, without a warrant, may arrest a person in any of the following situations:

    (a) A felony, misdemeanor, or ordinance violation is committed in the peace officer's presence.

    (b) The person has committed a felony although not in the peace officer's presence.

    (c) A felony in fact has been committed and the peace officer has reasonable cause to believe the person committed it.

    (d) The peace officer has reasonable cause to believe a misdemeanor punishable by imprisonment for more than 92 days or a felony has been committed and reasonable cause to believe the person committed it.

    (e) The peace officer has received positive information by written, telegraphic, teletypic, telephonic, radio, electronic, or other authoritative source that another peace officer or a court holds a warrant for the person's arrest.

    (f) The peace officer has received positive information broadcast from a recognized police or other governmental radio station, or teletype, that affords the peace officer reasonable cause to believe a misdemeanor punishable by imprisonment for more than 92 days or a felony has been committed and reasonable cause to believe the person committed it.

    (g) The peace officer has reasonable cause to believe the person is an escaped convict, has violated a condition of parole from a prison, has violated a condition of a pardon granted by the executive, or has violated 1 or more conditions of a conditional release order or probation order imposed by a court of this state, another state, Indian tribe, or United States territory.

    (h) The peace officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section 625(1), (3), (6), or (7) or section 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m, or a local ordinance substantially corresponding to section 625(1), (3), (6), or (7) or section 625m of that act.

    (i) The person is found in the driver's seat of a vehicle parked or stopped on a highway or street within this state if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of section 625(1), (3), (6), or (7) or section 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m, or a local ordinance substantially corresponding to section 625(1), (3), (6), or (7) or section 625m of that act.

    (j) The peace officer has reasonable cause to believe the person was, at the time of an accident, the operator of a snowmobile involved in the accident and was operating the snowmobile in violation of section 82127(1) or (3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127, or a local ordinance substantially corresponding to section 82127(1) or (3) of that act.

    (k) The peace officer has reasonable cause to believe the person was, at the time of an accident, the operator of an ORV involved in the accident and was operating the ORV in violation of section 81134(1) or (2) or 81135 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.81135, or a local ordinance substantially corresponding to section 81134(1) or (2) or 81135 of that act.

    (l) The peace officer has reasonable cause to believe the person was, at the time of an accident, the operator of a vessel involved in the accident and was operating the vessel in violation of section 80176(1) or (3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, or a local ordinance substantially corresponding to section 80176(1) or (3) of that act.

    (m) The peace officer has reasonable cause to believe a violation of section 356c or 356d of the Michigan penal code, 1931 PA 328, MCL 750.356c and 750.356d, has taken place or is taking place and reasonable cause to believe the person committed or is committing the violation, regardless of whether the violation was committed in the peace officer's presence.

    (n) The peace officer has reasonable cause to believe a misdemeanor has taken place or is taking place on school property and reasonable cause to believe the person committed or is committing the violation, regardless of whether the violation was committed in the peace officer's presence. As used in this subdivision, "school property" means that term as defined in section 7410 of the public health code, 1978 PA 368, MCL 333.7410.

    (2) An officer in the United States customs service or the immigration and naturalization service, without a warrant, may arrest a person if all of the following circumstances exist:

    (a) The officer is on duty.

    (b) One or more of the following situations exist:

    (i) The person commits an assault or an assault and battery punishable under section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, on the officer.

    (ii) The person commits an assault or an assault and battery punishable under section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, on any other person in the officer's presence or commits any felony.

    (iii) The officer has reasonable cause to believe a felony has been committed and reasonable cause to believe the person committed it, and the reasonable cause is not founded on a customs search.

    (iv) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio, electronic, or other authoritative source that a peace officer or a court holds a warrant for the person's arrest.

    (c) The officer has received training in the laws of this state equivalent to the training provided for an officer of a local police agency under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17149 ;-- Am. 1935, Act 84, Imd. Eff. May 27, 1935 ;-- CL 1948, 764.15 ;-- Am. 1978, Act 23, Imd. Eff. Feb. 21, 1978 ;-- Am. 1978, Act 384, Eff. Aug. 1, 1978 ;-- Am. 1980, Act 400, Eff. Mar. 31, 1981 ;-- Am. 1982, Act 311, Eff. Mar. 30, 1983 ;-- Am. 1988, Act 19, Eff. June 1, 1988 ;-- Am. 1996, Act 81, Imd. Eff. Feb. 27, 1996 ;-- Am. 1996, Act 490, Eff. Apr. 1, 1997 ;-- Am. 1999, Act 269, Eff. July 1, 2000 ;-- Am. 2000, Act 208, Eff. Aug. 21, 2000 ;-- Am. 2001, Act 212, Eff. Apr. 1, 2002

Notes of Decisions
Cited in 269 cases (34 in the last 5 years), 1949–2026 · leading case: Michigan v. DeFillippo, 443 U.S. 31 (1979).
Sort: Relevance Newest Treatment
Michigan v. DeFillippo, 443 U.S. 31 (1979). · cites it 4× “See Mich. Comp. Laws § 764.15 (1970). His sole contention is that since the arrest was for allegedly violating a Detroit ordinance later held unconstitutional, the search was likewise invalid.”
People v. Wood, 538 N.W.2d 351 (Mich. 1995). · cites it 10× “At issue here is MCL 764.15; MSA 28.874, which provides, in pertinent part: A peace officer, without a warrant, may arrest a person in the following situations: (a) When a .”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “272, § 60 (for littering offenses where identity of arrestee is not known to officer); Mich. Comp. Laws Ann. § 764.15 (1)(a) (West 2000) (for felony, misdemeanor, or ordinance violation committed in the officer's presence); Minn.”
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). · cites it 12× “MCL 764.15; MSA 28.874; People v Wood, 450 Mich 399, 403 ; 538 NW2d 351 (1995).”
People v. Lyon, 577 N.W.2d 124 (Mich. Ct. App. 1998). · cites it 8× “MCL 764.15; MSA 28.874; People v Wood, 450 Mich 399, 403 ; 538 NW2d 351 (1995).”
People v. Brooks, 274 N.W.2d 430 (Mich. 1979). · cites it 10× “[1] See MCL 764.15; MSA 28.874; People v Dixon, 392 Mich 691, 696 ; 222 NW2d 749 (1974).”
Miller v. Sanilac Cnty., 606 F.3d 240 (6th Cir. 2010). · cites it 2× “— Wagester is correct that "subsequent evidence that plaintiff had not been drinking does not vitiate the probable cause established by what the officer observed and the results of the field sobriety tests.”
Tope v. Howe, 445 N.W.2d 452 (Mich. Ct. App. 1989). · cites it 7× “Plaintiffs aver that an examination of the legislative history of the statutes in question will reveal a legislative intent that under the statutes a police officer may make an arrest without a warrant only at the scene of an accident.”
People v. Champion, 549 N.W.2d 849 (Mich. 1996). · cites it 2× “By statute, an arresting officer must possess information demonstrating probable cause to believe that an offense has occurred and that the defendant committed it.”
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009). “MCL 764.15; People v Dunbar, 264 Mich App 240, 250 ; 690 NW2d 476 (2004).”
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). · cites it 12× “MCL 764.15; MSA 28.874; People v. Wood, 450 Mich.”
People v. Couch, 461 N.W.2d 683 (Mich. 1990). · cites it 4× “In support, the prosecution argues that the wording of the arrest statutes, MCL 764.15; MSA 28.874 for police [7] and MCL 764.”
Show all 269 citing cases →
— Mich. Comp. Laws § 764.15(1) — 13 cases
People v. Manning, 624 N.W.2d 746 (Mich. Ct. App. 2001).
Thomas J Petipren v. Rodney Jaskowski, 494 Mich. 190 (Mich. 2013).
People v. Gillam, 734 N.W.2d 585 (Mich. 2007).
People v. Vandenberg, 859 N.W.2d 229 (Mich. Ct. App. 2014).
Cellini v. City of Sterling Heights, 856 F. Supp. 1215 (E.D. Mich. 1994).
— Mich. Comp. Laws § 764.15(1)(a) — 33 cases
People v. Wood, 538 N.W.2d 351 (Mich. 1995). “At issue here is MCL 764.15; MSA 28.874, which provides, in pertinent part: A peace officer, without a warrant, may arrest a person in the following situations: (a) When a .”
People v. Green, 677 N.W.2d 363 (Mich. Ct. App. 2004).
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). “MCL 764.15; MSA 28.874; People v Wood, 450 Mich 399, 403 ; 538 NW2d 351 (1995).”
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). “MCL 764.15; MSA 28.874; People v. Wood, 450 Mich.”
People of Michigan v. Dillan Edward John Saari (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 764.15(1)(b) — 7 cases
People v. Wood, 538 N.W.2d 351 (Mich. 1995). “At issue here is MCL 764.15; MSA 28.874, which provides, in pertinent part: A peace officer, without a warrant, may arrest a person in the following situations: (a) When a .”
People of Michigan v. Deon Reynard Morgan (Mich. Ct. App. 2020).
People of Michigan v. Anton Dequnta Brooks (Mich. Ct. App. 2018).
People of Michigan v. Jennifer Marie Hammerlund (Mich. 2019).
People of Michigan v. Jennifer Marie Hammerlund (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 764.15(1)(c) — 4 cases
People v. Tierney, 703 N.W.2d 204 (Mich. Ct. App. 2005).
People v. Melvin Davis, 381 N.W.2d 759 (Mich. Ct. App. 1985).
People of Michigan v. John Fitzgerald-Clulp Smith (Mich. Ct. App. 2022).
People v. Malik, 693 N.W.2d 382 (Mich. 2005).
— Mich. Comp. Laws § 764.15(1)(d) — 23 cases
People of Michigan v. Charles William Wood, 910 N.W.2d 364 (Mich. Ct. App. 2017).
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). “MCL 764.15; MSA 28.874; People v Wood, 450 Mich 399, 403 ; 538 NW2d 351 (1995).”
People v. Cohen, 816 N.W.2d 474 (Mich. Ct. App. 2011).
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). “MCL 764.15; MSA 28.874; People v. Wood, 450 Mich.”
People of Michigan v. Marcia Ann Brilinski (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 764.15(1)(e) — 4 cases
People v. Jones, 678 N.W.2d 627 (Mich. Ct. App. 2004).
People of Michigan v. Anton Dequnta Brooks (Mich. Ct. App. 2018).
People of Michigan v. William Jeffery Whitmore (Mich. Ct. App. 2019).
People of Michigan v. Bobby Lee Taylor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 764.15(1)(g) — 7 cases
People v. Glenn-Powers, 823 N.W.2d 127 (Mich. Ct. App. 2012).
People of Michigan v. Bryan Michael Rozengard (Mich. Ct. App. 2017).
People of Michigan v. Bryan Michael Rozengard (Mich. Ct. App. 2017).
People of Michigan v. Kennie Carnail Whitby (Mich. Ct. App. 2017).
People of Michigan v. Kennie Carnail Whitby (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 764.15(1)(h) — 6 cases
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). “MCL 764.15; MSA 28.874; People v Wood, 450 Mich 399, 403 ; 538 NW2d 351 (1995).”
People v. Lyon, 577 N.W.2d 124 (Mich. Ct. App. 1998). “MCL 764.15; MSA 28.874; People v Wood, 450 Mich 399, 403 ; 538 NW2d 351 (1995).”
People v. Wood, 538 N.W.2d 351 (Mich. 1995). “At issue here is MCL 764.15; MSA 28.874, which provides, in pertinent part: A peace officer, without a warrant, may arrest a person in the following situations: (a) When a .”
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). “MCL 764.15; MSA 28.874; People v. Wood, 450 Mich.”
City of Troy v. Ohlinger, 475 N.W.2d 54 (Mich. 1991).
— Mich. Comp. Laws § 764.15(a) — 11 cases
People v. Brooks, 274 N.W.2d 430 (Mich. 1979). “[1] See MCL 764.15; MSA 28.874; People v Dixon, 392 Mich 691, 696 ; 222 NW2d 749 (1974).”
People v. Rappuhn, 260 N.W.2d 90 (Mich. Ct. App. 1977).
Tope v. Howe, 445 N.W.2d 452 (Mich. Ct. App. 1989). “Plaintiffs aver that an examination of the legislative history of the statutes in question will reveal a legislative intent that under the statutes a police officer may make an arrest without a warrant only at the scene of an accident.”
Jordan v. Shea, 208 N.W.2d 235 (Mich. Ct. App. 1973).
People v. Davenport, 208 N.W.2d 562 (Mich. Ct. App. 1973).
— Mich. Comp. Laws § 764.15(b) — 1 case
People of Michigan v. Jennifer Marie Hammerlund (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 764.15(c) — 9 cases
People v. Kelly, 588 N.W.2d 480 (Mich. Ct. App. 1998).
People v. Tebedo, 265 N.W.2d 406 (Mich. Ct. App. 1978).
People v. Wirth, 273 N.W.2d 104 (Mich. Ct. App. 1978).
Friday v. Pitcher, 200 F. Supp. 2d 725 (E.D. Mich. 2002).
People v. Langston, 226 N.W.2d 686 (Mich. Ct. App. 1975).
— Mich. Comp. Laws § 764.15(d) — 25 cases
People v. Allen, 197 N.W.2d 874 (Mich. Ct. App. 1972).
People v. Miller, 276 N.W.2d 558 (Mich. Ct. App. 1979).
People v. Summers, 243 N.W.2d 689 (Mich. Ct. App. 1976).
Lewis v. Farmer Jack Div., Inc, 327 N.W.2d 893 (Mich. 1982).
People v. Eddington, 178 N.W.2d 686 (Mich. Ct. App. 1970).
— Mich. Comp. Laws § 764.15(e) — 3 cases
Jordan v. Shea, 208 N.W.2d 235 (Mich. Ct. App. 1973).
People of Michigan v. Zaneta Sonja Murphy (Mich. Ct. App. 2026).
Hollis v. Baker, 207 N.W.2d 138 (Mich. Ct. App. 1973).
— Mich. Comp. Laws § 764.15(f) — 2 cases
People v. Daniels, 213 N.W.2d 780 (Mich. Ct. App. 1973).
People v. Davenport, 299 N.W.2d 368 (Mich. Ct. App. 1980).
— Mich. Comp. Laws § 764.15(h) — 1 case
People of Michigan v. Jennifer Marie Hammerlund (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 764.15(l)(a) — 6 cases
People v. Sinistaj, 457 N.W.2d 36 (Mich. Ct. App. 1990).
People v. Belanger, 327 N.W.2d 554 (Mich. Ct. App. 1982).
People v. Estabrooks, 438 N.W.2d 327 (Mich. Ct. App. 1989).
City of Pontiac v. Baldwin, 413 N.W.2d 689 (Mich. Ct. App. 1987).
People v. Clay, 661 N.W.2d 572 (Mich. 2003).
— Mich. Comp. Laws § 764.15(l)(c) — 1 case
People v. Yeoman, 554 N.W.2d 577 (Mich. Ct. App. 1996).
— Mich. Comp. Laws § 764.15(l)(d) — 3 cases
People v. Cain, 829 N.W.2d 37 (Mich. Ct. App. 2012).
People v. Glenn-Powers, 823 N.W.2d 127 (Mich. Ct. App. 2012).
People v. Johnson, 357 N.W.2d 675 (Mich. Ct. App. 1984).
— Mich. Comp. Laws § 764.15(l)(e) — 3 cases
People v. Jones, 678 N.W.2d 627 (Mich. Ct. App. 2004).
Taggart v. Cnty. of MacOmb, 587 F. Supp. 1080 (E.D. Mich. 1982).
Taggart v. Cnty. of Macomb, 540 F. Supp. 753 (E.D. Mich. 1982).
— Mich. Comp. Laws § 764.15(l)(f) — 1 case
United States v. Marls, 227 F. Supp. 2d 708 (E.D. Mich. 2002).
— Mich. Comp. Laws § 764.15(l)(h) — 6 cases
Tope v. Howe, 445 N.W.2d 452 (Mich. Ct. App. 1989). “Plaintiffs aver that an examination of the legislative history of the statutes in question will reveal a legislative intent that under the statutes a police officer may make an arrest without a warrant only at the scene of an accident.”
People v. Lyon, 577 N.W.2d 124 (Mich. Ct. App. 1998). “MCL 764.15; MSA 28.874; People v Wood, 450 Mich 399, 403 ; 538 NW2d 351 (1995).”
People v. Wood, 538 N.W.2d 351 (Mich. 1995). “At issue here is MCL 764.15; MSA 28.874, which provides, in pertinent part: A peace officer, without a warrant, may arrest a person in the following situations: (a) When a .”
People v. Keskimaki, 521 N.W.2d 241 (Mich. 1994).
United States v. Marls, 227 F. Supp. 2d 708 (E.D. Mich. 2002).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.