THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
764.1a Complaint; allegations; swearing before magistrate or clerk; issuance of summons; finding of reasonable cause; testimony; supplemental affidavits; basis of factual obligations; complaint alleging violation of MCL 750.81 or 750.81a or corresponding ordinance; refusal to accept complaint prohibited; compliance with MCL 764.1; definitions.
Sec. 1a.
(1) A magistrate shall issue a warrant or summons upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the individual accused in the complaint committed that offense. The complaint must be sworn to before a magistrate or clerk.
(2) Except in cases in which any of the following circumstances apply, the magistrate or clerk must issue a summons rather than a warrant:
(a) The complaint is for an assaultive crime or an offense involving domestic violence.
(b) The clerk or magistrate has reason to believe from the presentation of the complaint that the person against whom the complaint was made will not appear upon a summons.
(c) The issuance of summons poses a risk to public safety.
(d) The prosecutor has requested a warrant.
(3) A summons must be in the same form as a warrant except that it must summon the defendant to appear before a court at a stated date and time. The summons must be served upon a defendant by delivering a copy to the defendant personally, by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion residing at that place, or by mailing it to the defendant's last known address. If a defendant fails to appear in response to the summons, a warrant may be issued.
(4) The finding of reasonable cause by the magistrate may be based upon 1 or more of the following:
(a) Factual allegations of the complainant contained in the complaint.
(b) The complainant's sworn testimony.
(c) The complainant's affidavit.
(d) Any supplemental sworn testimony or affidavits of other individuals presented by the complainant or required by the magistrate.
(5) The magistrate may require sworn testimony of the complainant or other individuals. Supplemental affidavits may be sworn to before an individual authorized by law to administer oaths. The factual allegations contained in the complaint, testimony, or affidavits may be based upon personal knowledge, information and belief, or both.
(6) The magistrate shall not refuse to accept a complaint alleging a violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a violation of a local ordinance substantially corresponding to section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, by the spouse of the victim, a former spouse of the victim, an individual with whom the victim has had a child in common, an individual with whom the victim has or has had a dating relationship, or an individual residing or having resided in the same household as the victim on grounds that the complaint is signed upon information and belief by an individual other than the victim.
(7) The magistrate shall not refuse to accept a complaint alleging that a crime was committed in which the victim is a vulnerable adult on the grounds that the complaint is signed upon information and belief by an individual other than the victim.
(8) A warrant or summons may be issued under this section only upon compliance with the requirements of section 1 of this chapter.
(9) As used in this section:
(a) "Assaultive crime" includes any of the following:
(i) A violation described in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90g, not otherwise included in subparagraph (i).
(iii) A violation of section 110a, 136b, 234a, 234b, 234c, 349b, or 411h of the Michigan penal code, 1931 PA 328, MCL 750.110a, 750.136b, 750.234a, 750.234b, 750.234c, 750.349b, and 750.411h, or any other violent felony.
(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in subparagraph (i), (ii), or (iii).
(b) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
(c) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(d) "Violent felony" means that term as defined in section 36 of the corrections code of 1953, 1953 PA 232, MCL 791.236.
(e) "Vulnerable adult" means that term as defined in section 145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.
History: Add. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1994, Act 70, Eff. July 1, 1994 ;-- Am. 2005, Act 106, Imd. Eff. Sept. 14, 2005 ;-- Am. 2012, Act 177, Imd. Eff. June 19, 2012 ;-- Am. 2020, Act 394, Eff. Apr. 1, 2021 ;-- Am. 2023, Act 208, Eff. Feb. 13, 2024
Notes of Decisions
Cited in
38
cases (
13 in the last 5 years), 1984–2024 · leading case:
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
· cites it 2× “985(1), which provides in pertinent part: The indictment or information shall contain all of the following: (a) The nature of the offense stated in language which will fairly apprise the accused and the court of the offense charged.”
People v. Manning, 624 N.W.2d 746 (Mich. Ct. App. 2001).
· cites it 2× “[12] MCL 764.1a; MSA 28.860(1). [13] Id. [14] MCL 764.”
People v. Cain, 829 N.W.2d 37 (Mich. Ct. App. 2012).
· cites it 2× “See Manning, 243 Mich App at 621 ; see also MCL 764.1a. A lack of probable cause with respect to any other charges could not amount to plain error because defendant was not convicted of those offenses.”
People v. Smith, 378 N.W.2d 384 (Mich. 1985).
· cites it 2× “Finally, while most complaints must be sworn to before a magistrate or clerk, MCL 764.1a; MSA 28.860(1), for certain minor offenses the complaint is simply treated as having been made under oath if it contains a declaration that the statements are true upon information and…”
People v. Hill, 766 N.W.2d 17 (Mich. Ct. App. 2009).
· cites it 4× “In particular, MCL 764.1a states, in relevant part: (1) A magistrate shall issue a warrant upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the individual accused in the complaint committed that…”
People v. Bladel, 365 N.W.2d 56 (Mich. 1986).
· cites it 2× “It must be remembered that a magistrate is required to issue an arrest warrant upon presentation of a proper complaint alleging the commission of an offense and upon a finding of reasonable cause to believe that the accused committed the offense.”
Lopez v. Ruhl, 584 F. Supp. 639 (W.D. Mich. 1984).
“MCLA 764.1a(2). However, the record before the Court at this time does not disclose what facts were presented, or by what method.”
City of Plymouth v. McIntosh, 804 N.W.2d 859 (Mich. Ct. App. 2010).
“Finally, while most complaints must be sworn to before a magistrate or clerk, MCL 764.1a; MSA 28.860(1), for certain minor offenses the complaint is simply treated as having been made under oath if it contains a declaration that the statements are true upon information and…”
Ireland v. Tunis, 893 F. Supp. 724 (E.D. Mich. 1995).
· cites it 2× “§ 764.1a. “Magistrate” includes judges of the recorder’s court of the city of Detroit .”
People v. Meyer, 346 N.W.2d 878 (Mich. Ct. App. 1984).
· cites it 3× “The prosecution next argues that, even if Officer Carpenter were acting outside his statutory authority as a police officer, dismissal was not the proper remedy because Carpenter still has the statutory authority as a citizen to swear to the factual allegations of the complaint…”
People of Michigan v. Deshon Maurice Boyce (Mich. Ct. App. 2016).
· cites it 4× “MCL 764.1a governs felony complaints and the magistrate’s finding of reasonable cause and provides, in relevant part: (1) A magistrate shall issue a warrant upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe…”
People of Michigan v. Clarence Jovan Davison (Mich. Ct. App. 2016).
· cites it 3× “The felony warrant contained information identical to the allegations in the complaint and included, immediately above the magistrate’s signature, the statement that “[u]pon examination of the complaining witness, there is probable cause to believe that the offense charged was…”
— Mich. Comp. Laws § 764.1a(1) — 18 cases
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
“985(1), which provides in pertinent part: The indictment or information shall contain all of the following: (a) The nature of the offense stated in language which will fairly apprise the accused and the court of the offense charged.”
People v. Cain, 829 N.W.2d 37 (Mich. Ct. App. 2012).
“See Manning, 243 Mich App at 621 ; see also MCL 764.1a. A lack of probable cause with respect to any other charges could not amount to plain error because defendant was not convicted of those offenses.”
People of Michigan v. Clarence Jovan Davison (Mich. Ct. App. 2016).
“The felony warrant contained information identical to the allegations in the complaint and included, immediately above the magistrate’s signature, the statement that “[u]pon examination of the complaining witness, there is probable cause to believe that the offense charged was…”
— Mich. Comp. Laws § 764.1a(2) — 7 cases
Lopez v. Ruhl, 584 F. Supp. 639 (W.D. Mich. 1984).
“MCLA 764.1a(2). However, the record before the Court at this time does not disclose what facts were presented, or by what method.”
People of Michigan v. Deshon Maurice Boyce (Mich. Ct. App. 2016).
“MCL 764.1a governs felony complaints and the magistrate’s finding of reasonable cause and provides, in relevant part: (1) A magistrate shall issue a warrant upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe…”
People of Michigan v. Clarence Jovan Davison (Mich. Ct. App. 2016).
“The felony warrant contained information identical to the allegations in the complaint and included, immediately above the magistrate’s signature, the statement that “[u]pon examination of the complaining witness, there is probable cause to believe that the offense charged was…”
— Mich. Comp. Laws § 764.1a(2)(a) — 1 case
People of Michigan v. Deshon Maurice Boyce (Mich. Ct. App. 2016).
“MCL 764.1a governs felony complaints and the magistrate’s finding of reasonable cause and provides, in relevant part: (1) A magistrate shall issue a warrant upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe…”
— Mich. Comp. Laws § 764.1a(3) — 4 cases
— Mich. Comp. Laws § 764.1a(4) — 1 case
— Mich. Comp. Laws § 764.1a(l) — 1 case
People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001).
“985(1), which provides in pertinent part: The indictment or information shall contain all of the following: (a) The nature of the offense stated in language which will fairly apprise the accused and the court of the offense charged.”
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