RELEASE OF MISDEMEANOR PRISONERS
Act 44 of 1961
780.581 Taking person arrested without warrant for misdemeanor or violation of ordinance before magistrate; bond; receipt; holding certain arrested persons in holding cell, holding center, lockup, or county jail; “political subdivision” defined.
Sec. 1.
(1) If a person is arrested without a warrant for a misdemeanor or a violation of a city, village, or township ordinance, and the misdemeanor or violation is punishable by imprisonment for not more than 1 year, or by a fine, or both, the officer making the arrest shall take, without unnecessary delay, the person arrested before the most convenient magistrate of the county in which the offense was committed to answer to the complaint.
(2) Except as otherwise provided in section 2a, if a magistrate is not available or immediate trial cannot be had, the person arrested may deposit with the arresting officer or the direct supervisor of the arresting officer or department, or with the sheriff or a deputy in charge of the county jail if the person arrested is lodged in the county jail, an interim bond to guarantee his or her appearance. The bond shall be a sum of money, as determined by the officer who accepts the bond, not to exceed the amount of the maximum possible fine but not less than 20% of the amount of the minimum possible fine that may be imposed for the offense for which the person was arrested. The person shall be given a receipt as provided in section 3.
(3) If, in the opinion of the arresting officer or department, the arrested person is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, is wanted by police authorities to answer to another charge, is unable to establish or demonstrate his or her identity, or it is otherwise unsafe to release him or her, the arrested person shall be held at the place specified in subsection (4) until he or she is in a proper condition to be released, or until the next session of court.
(4) For purposes of subsection (3), if the person is arrested in a political subdivision that has a holding cell, holding center, or lockup, the person shall be held in that holding cell, holding center, or lockup. However, if that holding facility is at capacity then the person may be held in a holding cell, holding center, or lockup willing to accept the prisoner. If the person is arrested in a political subdivision that does not have a holding cell, holding center, or lockup, the person shall be held in a holding cell, holding center, or lockup willing to accept the prisoner or in the county jail. As used in this subsection, "political subdivision" means a city, village, or township.
History: 1961, Act 44, Imd. Eff. May 20, 1961 ;-- Am. 1970, Act 157, Eff. Apr. 1, 1971 ;-- Am. 1983, Act 61, Eff. Mar. 29, 1984 ;-- Am. 1985, Act 149, Imd. Eff. Nov. 12, 1985 ;-- Am. 1990, Act 308, Eff. Mar. 28, 1991
Notes of Decisions
Cited in
34
cases (
1 in the last 5 years), 1965–2022 · leading case:
People v. Garcia, 265 N.W.2d 115 (Mich. Ct. App. 1978).
People v. Garcia, 265 N.W.2d 115 (Mich. Ct. App. 1978).
· cites it 8× “Specifically, defendant contends (1) that, under Michigan law, the full search of defendant's person incident to an arrest for a traffic offense exceeded the permissible limits of a protective pat-down search; (2) that, under the interim bail statute, MCLA 780.”
People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003).
· cites it 2× “circumstances: “I cannot conceive of a reason why we should apply the exclusionary rule to the supposed violation of a statute where the affidavit would pass 14 In Dixon, this Court held that suppression of evidence was required, and reversed the defendant’s conviction on the…”
People v. Dixon, 222 N.W.2d 749 (Mich. 1974).
· cites it 6× “) The Court has cited MCLA 780.581; MSA 28.872(1) [1] as affording an individual the right to immediate bail when arrested without a warrant for a misdemeanor.”
People v. Chapman, 387 N.W.2d 835 (Mich. 1986).
· cites it 4× “We granted the prosecution’s application for leave to appeal to consider whether the interim bail provisions of the release of misdemeanor prisoners act, 1961 PA 44 , MCL 780.581 et seq.; MSA 28.872(1) et seq.”
People v. Recorder's Court Judge 2, 250 N.W.2d 812 (Mich. Ct. App. 1977).
· cites it 7× “There is no evidence in the record that the defendant was ever apprised of her right to immediate release on bond as provided by MCLA 780.581; MSA 28.872G) 1 . In order to make this statutory right to immediate bond effective, Dixon, supra, applies the sanction of suppression of…”
People v. Himmelein, 442 N.W.2d 667 (Mich. Ct. App. 1989).
· cites it 4× “Defendant's argument is twofold: (1) the evidence should have been suppressed because it was taken in violation of the interim bail statute, MCL 780.581 et seq. ; MSA 28.872(1) et seq.”
People v. Mallory, 365 N.W.2d 673 (Mich. 1985).
· cites it 2× “This conclusion is supported by the observation that in the case of misdemeanor prisoners, immediate bail is required by statute, MCL 780.581; MSA 28.872(1), a fact which implicitly suggests that immediate bond would not otherwise be required.”
People v. Hawkins, 668 N.W.2d 602 (Mich. 2003).
“§ 780.581. This Court cited decisions from California and Oregon courts suppressing evidence for similar statutory violations, but noted that in several of those decisions the courts specifically found Fourth Amendment violations.”
People v. Combs, 408 N.W.2d 420 (Mich. Ct. App. 1987).
· cites it 3× “Defendant first contends that under interim bond provisions of the release of misdemeanor prisoners act, MCL 780.581 et seq.; MSA 28.872(1) et seq.”
People v. Poole, 501 N.W.2d 265 (Mich. Ct. App. 1993).
· cites it 3× “On appeal, defendant argues that evidence of the address book and the drugs should have been suppressed because the police failed to inform him of his right to post interim bail, MCL 780.581; MSA 28.872(1), and therefore, the inventory search was illegal.”
People v. Lonetta Williams, 493 N.W.2d 277 (Mich. Ct. App. 1992).
· cites it 4× “MCL 780.581(1); MSA *408 28.872(1)(1). Except under conditions not relevant to this case, MCL 780.”
— Mich. Comp. Laws § 780.581(1) — 4 cases
People v. Poole, 501 N.W.2d 265 (Mich. Ct. App. 1993).
“On appeal, defendant argues that evidence of the address book and the drugs should have been suppressed because the police failed to inform him of his right to post interim bail, MCL 780.581; MSA 28.872(1), and therefore, the inventory search was illegal.”
People v. Lonetta Williams, 493 N.W.2d 277 (Mich. Ct. App. 1992).
“MCL 780.581(1); MSA *408 28.872(1)(1). Except under conditions not relevant to this case, MCL 780.”
— Mich. Comp. Laws § 780.581(2) — 5 cases
People v. Poole, 501 N.W.2d 265 (Mich. Ct. App. 1993).
“On appeal, defendant argues that evidence of the address book and the drugs should have been suppressed because the police failed to inform him of his right to post interim bail, MCL 780.581; MSA 28.872(1), and therefore, the inventory search was illegal.”
People v. Lonetta Williams, 493 N.W.2d 277 (Mich. Ct. App. 1992).
“MCL 780.581(1); MSA *408 28.872(1)(1). Except under conditions not relevant to this case, MCL 780.”
— Mich. Comp. Laws § 780.581(3) — 4 cases
People v. Lonetta Williams, 493 N.W.2d 277 (Mich. Ct. App. 1992).
“MCL 780.581(1); MSA *408 28.872(1)(1). Except under conditions not relevant to this case, MCL 780.”
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