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

Mich. Comp. Laws § 764.25 (2026)

Arrest; weapons and articles on prisoner; seizure, disposal.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


764.25 Arrest; weapons and articles on prisoner; seizure, disposal.

Sec. 25.

    Any person making an arrest shall take from the person arrested, all offensive weapons or incriminating articles which he may have about his person and must deliver them to the sheriff of the county, chief of police of the city or to the magistrate before whom he is taken.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17159 ;-- CL 1948, 764.25

Notes of Decisions
Cited in 5 cases, 1957–1982 · leading case: People v. Holloway, 330 N.W.2d 405 (Mich. 1982).
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People v. Holloway, 330 N.W.2d 405 (Mich. 1982). “MCL 764.25; MSA 28.884. Of course, any attempt to recover these incriminating articles must be accomplished in a manner which comports with the hallowed dictates of our federal and state constitutions, e.”
People v. Henderson, 180 N.W.2d 903 (Mich. Ct. App. 1970). · cites it 2× “imony of the Orguchaks relating to the struggle should not have been admitted into evidence, because evidence of the struggle was irrelevant and prejudicial to the defendant; (4) The items taken from the defendant upon his arrest were inadmissible at the trial because they were…”
People v. Stergowski, 219 N.W.2d 68 (Mich. 1974). “MCLA 764.25; MSA 28.884 reads: "Any person making an arrest shall take from the person arrested, all offensive weapons or incriminating articles which he may have about his person and must deliver them to the sheriff of the county, chief of police of the city or to the…”
People v. Gonzales, 84 N.W.2d 753 (Mich. 1957). “was inside or outside the curtilage of his dwelling, (3) where the gun was found, (4) whether there was a warrant for arrest or search, and, if not, (5) what if any cause the arresting or searching officer had.”
W Mason, Inc v. Jackson Cnty. Prosecutor, 291 N.W.2d 76 (Mich. Ct. App. 1980). · cites it 2× “This case raises an issue of first impression in Michigan: How long can the state hold in custodia legis incriminating evidence belonging to an innocent third party seized from a criminal defendant pursuant to a valid arrest? The prosecutor in the present case is holding…”
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.