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

Mich. Comp. Laws § 764.18 (2026)

Arrest; under warrant; duty of officer.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


764.18 Arrest; under warrant; duty of officer.

Sec. 18.

    Where an arrest is made under a warrant, it shall not be necessary for the arresting officer personally to have the warrant in his possession but such officer must, if possible, inform the person arrested that there is a warrant for his arrest and, after the arrest is made, shall show such person said warrant if required, as soon as practicable.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17152 ;-- CL 1948, 764.18

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 2014–2026 · leading case: People of Michigan v. Maureen Jayne Gagne (Mich. Ct. App. 2015).
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People of Michigan v. Maureen Jayne Gagne (Mich. Ct. App. 2015). · cites it 7× “On appeal, defendant claims that her conviction should be reversed and the charge dismissed because the officers failed to meet the requirements of MCL 764.18 (arrest under warrant) and MCL 764.”
People of Michigan v. Brandi Marie Hull (Mich. Ct. App. 2022). · cites it 4× “Moreover, under MCL 764.18, when an arrest is made under a warrant, it is not necessary for the arresting officer to physically “have the warrant in his possession but such officer must, if possible, inform the arrested person that there is a warrant for his arrest and, after…”
People of Michigan v. Brandi Marie Hull (Mich. Ct. App. 2022). · cites it 4× “Moreover, under MCL 764.18, when an arrest is made under a warrant, it is not necessary for the arresting officer to physically “have the warrant in his possession but such officer must, if possible, inform the arrested person that there is a warrant for his arrest and, after…”
20250218_C367075_73_367075.Opn.Pdf (Mich. Ct. App. 2025). · cites it 2× “18 in support, which provides: Where an arrest is made under a warrant, it shall not be necessary for the arresting officer personally to have the warrant in his possession but such officer must, if possible, inform the person arrested that there is a warrant for his arrest and,…”
People of Michigan v. Anton Dequnta Brooks (Mich. Ct. App. 2018). “15(1)(e); MCL 764.18. In addition, a police officer may arrest a person without a warrant if “[t]he person has committed a felony although not in the [police officer’s] presence” or “[a] felony in fact has been committed and the [police] officer has reasonable cause to believe…”
People of Michigan v. Christopher Arren Washington (Mich. Ct. App. 2019). “” MCL 764.18. Lawrence Washington’s testimony created a question of fact whether Scheyler failed to inform defendant that he was being arrested pursuant to his outstanding warrants.”
People of Michigan v. Debra Jean Swiental (Mich. Ct. App. 2021). “4 In this section of defendant’s brief, she states that Judd was not shown the arrest warrant until three months after his arrest, in violation of MCL 764.18. This issue was first raised on appeal and is, therefore, unpreserved and is reviewed for plain error affecting…”
People of Michigan v. Linda Sue Warren (Mich. Ct. App. 2026). “Under MCL 764.18, “it shall not be necessary for the arresting officer personally to have the warrant in his [or her] possession but such officer must, if possible, inform the person arrested that there is a warrant for his arrest and, after the arrest is made, shall show such…”
People of Michigan v. Justin Paul Young (Mich. Ct. App. 2014). “Defendant cites to MCL 764.18, which instructs officers that, if possible, they should inform the defendant that they have a warrant for his arrest.”
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