THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
764.1b Warrant; recitation of accusation; directions to peace officer.
Sec. 1b.
A warrant issued pursuant to section 1a shall recite the substance of the accusation contained in the complaint. Except as permitted in section 1c of this chapter, the warrant shall be directed to a peace officer; shall command the peace officer immediately to arrest the person accused and to take that person, without unnecessary delay, before a magistrate of the judicial district in which the offense is charged to have been committed, to be dealt with according to law; and shall direct that the warrant, with a proper return noted on the warrant, be delivered to the magistrate before whom the arrested person is to be taken. The warrant may also require the peace officer to summon the witnesses named in the warrant.
History: Add. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Notes of Decisions
Peden v. City of Detroit, 680 N.W.2d 857 (Mich. 2004).
· cites it 2× “26 and MCL 764.1b. Thus, the ability to effect arrests is not only a duty arising from the police officer's general obligation to maintain the peace, but it is a duty specifically imposed on police officers.”
People v. Himmelein, 442 N.W.2d 667 (Mich. Ct. App. 1989).
· cites it 2× “See MCL 764.1b; MSA 28.860(2). Accordingly, we affirm the decision of the trial court not to suppress because we find that the rearrest was valid under the circumstances of this case.”
People v. Mungo, 747 N.W.2d 875 (Mich. Ct. App. 2008).
“Justice Rehnquist’s observations ring true in this case. It is not the reason for the arrest, but rather that an arrest must be made, that creates risk of harm to the arresting officer.”
People of Michigan v. Billie Deshawn McKinney (Mich. Ct. App. 2015).
“Finally, while defendant correctly argues that the warrant was never “returned,” as required by MCL 764.1b and MCR 6.102(E), defendant was not prejudiced by this error.”
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