Michigan Compiled Laws

Mich. Comp. Laws § 764.19 (2026)

Arrest; without warrant; officer, duties; return as evidence.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


764.19 Arrest; without warrant; officer, duties; return as evidence.

Sec. 19.

    When arresting a person, without a warrant, the officer making the arrest shall inform the person arrested of his authority and the cause of the arrest, except when the person arrested is engaged in the commission of a criminal offense, or if he flees or if he forcibly resists arrest before the officer has time to inform him. The return of the officer making the arrest, endorsed upon the warrant upon which the accused person shall be subsequently held, affirming compliance with the provisions herein, shall be prima facie evidence of the fact in the trial of any criminal cause.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17153 ;-- CL 1948, 764.19

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1970–2025 · leading case: People v. Reinhardt, 366 N.W.2d 245 (Mich. Ct. App. 1985).
People v. Reinhardt, 366 N.W.2d 245 (Mich. Ct. App. 1985). “The code then specifies the procedure to be followed when such warrantless or citizen arrests have been made, MCL 764.19; MSA 28.878 and MCL 764.20; MSA 28.”
People v. Doss, 260 N.W.2d 880 (Mich. Ct. App. 1977). · cites it 2× “MCLA 764.19; MSA 28.878. By all accounts, the decedent did not halt as requested, but instead swung around at the defendant.”
People v. Boykin, 188 N.W.2d 100 (Mich. Ct. App. 1971). · cites it 2× “MCLA § 764.19 (Stat Ann 1954 Rev § 28.878).”
People v. Suchodolski, 178 N.W.2d 524 (Mich. Ct. App. 1970). “Defendant argues that his arrest was unlawful because he was not informed of the charge against him, pursuant to CL 1948, § 764.19 (Stat Ann 1954 Rev § 28.878). “When arresting a person, without a warrant, the officer making the arrest shall inform the person arrested of his…”
Ramone Thompson v. City of Detroit (Mich. Ct. App. 2023). · cites it 3× “” MCL 764.19. The evidence here could reasonably be interpreted as showing that the officers had time to inform plaintiff of the reason for his arrest.”
20250218_C367075_73_367075.Opn.Pdf (Mich. Ct. App. 2025). · cites it 2× “Moreover, MCL 764.19 provides that the requirement that an officer making a warrantless arrest “shall inform the person arrested of his authority and the cause of the arrest” does not apply “when the person arrested .”
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.