SEARCH WARRANTS
Act 189 of 1966
780.652 Search warrant; grounds for issuance.
Sec. 2.
(1) A warrant may be issued to search for and seize any property or other thing that is 1 or more of the following:
(a) Stolen or embezzled in violation of a law of this state.
(b) Designed and intended for use, or that is or has been used, as the means of committing a crime.
(c) Possessed, controlled, or used wholly or partially in violation of a law of this state.
(d) Evidence of crime or criminal conduct.
(e) Contraband.
(f) The body or person of a human being or of an animal that may be the victim of a crime.
(g) The object of a search warrant under another law of this state providing for the search warrant. If there is a conflict between this act and another search warrant law, this act controls.
(2) A warrant may be issued to search for and seize a person who is the subject of either of the following:
(a) An arrest warrant for the apprehension of a person charged with a crime.
(b) A bench warrant issued in a criminal case.
History: 1966, Act 189, Eff. Mar. 10, 1967 ;-- Am. 2009, Act 10, Imd. Eff. Apr. 9, 2009
Notes of Decisions
Cited in
15
cases (
5 in the last 5 years), 1969–2025 · leading case:
People v. Johnson, 431 N.W.2d 825 (Mich. 1988).
People v. Johnson, 431 N.W.2d 825 (Mich. 1988).
· cites it 10× “First, was the arrest of defendant lawful? Second, once he was arrested and a photograph was taken, was *689 the identification procedure employed consistent with the evidentiary principles of our jurisprudence? III The statute governing the scope of search warrants which may be…”
People v. Sundling, 395 N.W.2d 308 (Mich. Ct. App. 1986).
· cites it 4× “See MCL 780.652; MSA 28.1259(2); People v David, 119 Mich App 289, 292-293 ; 326 NW2d 485 (1982), lv den 417 Mich 858 (1983); People v Dinsmore, 103 Mich App 660, 674 ; 303 NW2d 857 (1981), lv den 411 Mich 1071 (1981).”
People v. Russo, 487 N.W.2d 698 (Mich. 1992).
· cites it 2× “However, despite longstanding scholarly debate regarding the need for bright-line rules in Fourth Amendment analysis [36] and an occasional endorsement of that approach, [37] the United States Supreme Court has not adopted a unitary definition of probable cause as more probable…”
Fieger v. Cox, 734 N.W.2d 602 (Mich. Ct. App. 2007).
“MCL 780.652(d); People v Beuschlein, 245 Mich App 744, 750 ; 630 NW2d 921 (2001).”
People v. Mason, 178 N.W.2d 181 (Mich. Ct. App. 1970).
· cites it 2× “MCLA § 780.652 (Stat Ann 1970 Cum Supp § 28.”
People v. Bunker, 177 N.W.2d 644 (Mich. Ct. App. 1970).
· cites it 2× “MCLA § 780.652 (Stat Ann 1969 Cum Supp § 28.”
People v. Johnson, 409 N.W.2d 784 (Mich. Ct. App. 1987).
· cites it 2× “MCL 780.652; MSA 28.1259(2) states: A warrant may be issued to search for and seize any property or other thing which is either: (a) Stolen or embezzled in violation of any law of this state.”
People v. Mallory, 174 N.W.2d 10 (Mich. Ct. App. 1969).
· cites it 2× “MCLA § 780.652 (Stat Ann 1969 Cum Supp § 28.”
People of Michigan v. Amanda Ashleigh-Marie Reed (Mich. Ct. App. 2021).
“Although MCL 780.652(1)(f) suggests the theoretical possibility of an animal being a “victim of a crime,” and although many people develop great emotional bonds with animal companions, animals are not yet generally considered to have the kind of legal personhood that would…”
People of Michigan v. Amanda Ashleigh-Marie Reed (Mich. Ct. App. 2021).
“Although MCL 780.652(1)(f) suggests the theoretical possibility of an animal being a “victim of a crime,” and although many people develop great emotional bonds with animal companions, animals are not yet generally considered to have the kind of legal personhood that would…”
People of Michigan v. Vashon Flowers (Mich. Ct. App. 2022).
“MCL 780.652(1)(d). A search warrant must “particularly describ[e] the place to be searched and the persons or things to be seized,” US Const, Am IV, as well as the alleged criminal activity that justifies the warrant.”
— Mich. Comp. Laws § 780.652(1)(d) — 1 case
People of Michigan v. Vashon Flowers (Mich. Ct. App. 2022).
“MCL 780.652(1)(d). A search warrant must “particularly describ[e] the place to be searched and the persons or things to be seized,” US Const, Am IV, as well as the alleged criminal activity that justifies the warrant.”
— Mich. Comp. Laws § 780.652(1)(f) — 2 cases
People of Michigan v. Amanda Ashleigh-Marie Reed (Mich. Ct. App. 2021).
“Although MCL 780.652(1)(f) suggests the theoretical possibility of an animal being a “victim of a crime,” and although many people develop great emotional bonds with animal companions, animals are not yet generally considered to have the kind of legal personhood that would…”
People of Michigan v. Amanda Ashleigh-Marie Reed (Mich. Ct. App. 2021).
“Although MCL 780.652(1)(f) suggests the theoretical possibility of an animal being a “victim of a crime,” and although many people develop great emotional bonds with animal companions, animals are not yet generally considered to have the kind of legal personhood that would…”
— Mich. Comp. Laws § 780.652(d) — 3 cases
People v. Johnson, 431 N.W.2d 825 (Mich. 1988).
“First, was the arrest of defendant lawful? Second, once he was arrested and a photograph was taken, was *689 the identification procedure employed consistent with the evidentiary principles of our jurisprudence? III The statute governing the scope of search warrants which may be…”
Fieger v. Cox, 734 N.W.2d 602 (Mich. Ct. App. 2007).
“MCL 780.652(d); People v Beuschlein, 245 Mich App 744, 750 ; 630 NW2d 921 (2001).”
People v. Johnson, 409 N.W.2d 784 (Mich. Ct. App. 1987).
“MCL 780.652; MSA 28.1259(2) states: A warrant may be issued to search for and seize any property or other thing which is either: (a) Stolen or embezzled in violation of any law of this state.”
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