Mich. Comp. Laws » Michigan Compiled Laws / Chapter 780 / Act 189 of 1966
Michigan Compiled Laws

Mich. Comp. Laws § 780.653 (2026)

Judge or district court magistrate's finding of reasonable or probable cause; basis of finding; basis and contents of affidavit.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

SEARCH WARRANTS


Act 189 of 1966


780.653 Judge or district court magistrate's finding of reasonable or probable cause; basis of finding; basis and contents of affidavit.

Sec. 3.

    The judge or district court magistrate's finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her. The affidavit may be based upon information supplied to the complainant by a named or unnamed person if the affidavit contains 1 of the following:

    (a) If the person is named, affirmative allegations from which the judge or district court magistrate may conclude that the person spoke with personal knowledge of the information.

    (b) If the person is unnamed, affirmative allegations from which the judge or district magistrate may conclude that the person spoke with personal knowledge of the information and either that the unnamed person is credible or that the information is reliable.

History: 1966, Act 189, Eff. Mar. 10, 1967 ;-- Am. 1988, Act 80, Eff. June 1, 1988 ;-- Am. 2014, Act 383, Imd. Eff. Dec. 18, 2014

Notes of Decisions
Cited in 109 cases (23 in the last 5 years), 1969–2026 · leading case: People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003).
Sort: Relevance Newest Treatment
People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003). · cites it 73× “We granted leave to appeal in these cases to consider whether the lower courts properly applied the exclusionary rule to evidence seized pursuant to (1) a search warrant that was issued in violation of MCL 780.653 and (2) a bench warrant that was issued in violation of MCR 3.”
People v. Keller, 739 N.W.2d 505 (Mich. 2007). · cites it 74× “We ordered oral argument on the prosecution's applications for leave to appeal to consider the sufficiency of an affidavit in support of a search warrant under the Fourth Amendment and MCL 780.653, as well as the proper remedy for violations of MCL 780.”
People v. Hawkins, 668 N.W.2d 602 (Mich. 2003). · cites it 37× “MCL 780.653 provides, in pertinent part: The magistrate's finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her.”
People v. Sloan, 538 N.W.2d 380 (Mich. 1995). · cites it 48× “The general issue is the establishment *163 of probable cause for search warrants under MCL 780.653; MSA 28.1259(3). The specific issue is one of first impression for Michigan: When a reviewing court assesses whether probable cause has been established for the issuance of a…”
People v. Martin, 721 N.W.2d 815 (Mich. Ct. App. 2006). · cites it 3× “Furthermore, the statements by Pomerico met the requirements of MCL 780.653, which states: The magistrate’s finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her.”
People v. Powell, 506 N.W.2d 894 (Mich. Ct. App. 1993). · cites it 10× “Accordingly, MCL 780.653; MSA 28.1259(3), as amended by 1988 PA 80 , was satisfied.”
People v. Kalchik, 407 N.W.2d 627 (Mich. Ct. App. 1987). · cites it 6× “] MCL 780.653; MSA 28.1259(3) provides the standard by which probable cause to issue a warrant is determined: The magistrate's finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him.”
People v. Tejeda, 449 N.W.2d 908 (Mich. Ct. App. 1989). · cites it 10× “Specifically, defendant argues that the Beavers warrant and the search warrant for his store were not based upon valid affidavits in that the affidavits contained hearsay and did not meet the requirements of MCL 780.”
People v. Ulman, 625 N.W.2d 429 (Mich. Ct. App. 2001). · cites it 2× “” MCL 780.653; MSA 28.1259(3). When probable cause is averred in an affidavit, the affidavit must contain facts within the knowledge of the affiant rather than mere conclusions or beliefs.”
People v. Keller, 716 N.W.2d 311 (Mich. Ct. App. 2006). · cites it 30× “In this case, the "tip" was not given directly to the police by the anonymous informant and the police could not prove that the informant spoke with personal knowledge of the information.”
Rowland v. Washtenaw Cnty. Road Comm'n, 731 N.W.2d 41 (Mich. 2007). “2d 380 (1995) search warrant issued in violation of MCL 780.653(b) or a bench warrant issued in violation MCR 3.”
People of Michigan v. Javaan Michael James, 932 N.W.2d 248 (Mich. Ct. App. 2019). · cites it 2× “" MCL 780.653(b). "If the search warrant is supported by an affidavit, the affidavit must contain facts within the knowledge of the affiant and not mere conclusions or beliefs.”
Show all 109 citing cases →
— Mich. Comp. Laws § 780.653(B) — 2 cases
People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003). “We granted leave to appeal in these cases to consider whether the lower courts properly applied the exclusionary rule to evidence seized pursuant to (1) a search warrant that was issued in violation of MCL 780.653 and (2) a bench warrant that was issued in violation of MCR 3.”
People v. Hawkins, 668 N.W.2d 602 (Mich. 2003). “MCL 780.653 provides, in pertinent part: The magistrate's finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her.”
— Mich. Comp. Laws § 780.653(a) — 5 cases
People v. Sloan, 538 N.W.2d 380 (Mich. 1995). “The general issue is the establishment *163 of probable cause for search warrants under MCL 780.653; MSA 28.1259(3). The specific issue is one of first impression for Michigan: When a reviewing court assesses whether probable cause has been established for the issuance of a…”
People v. Chapin, 624 N.W.2d 769 (Mich. Ct. App. 2001).
People of Michigan v. Damian Mathew Massa (Mich. Ct. App. 2016).
People of Michigan v. Rotunda Demtrius McCray (Mich. Ct. App. 2021).
People of Michigan v. Rotunda Demtrius McCray (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 780.653(b) — 35 cases
People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003). “We granted leave to appeal in these cases to consider whether the lower courts properly applied the exclusionary rule to evidence seized pursuant to (1) a search warrant that was issued in violation of MCL 780.653 and (2) a bench warrant that was issued in violation of MCR 3.”
People v. Keller, 739 N.W.2d 505 (Mich. 2007). “We ordered oral argument on the prosecution's applications for leave to appeal to consider the sufficiency of an affidavit in support of a search warrant under the Fourth Amendment and MCL 780.653, as well as the proper remedy for violations of MCL 780.”
People v. Hawkins, 668 N.W.2d 602 (Mich. 2003). “MCL 780.653 provides, in pertinent part: The magistrate's finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her.”
Rowland v. Washtenaw Cnty. Road Comm'n, 731 N.W.2d 41 (Mich. 2007). “2d 380 (1995) search warrant issued in violation of MCL 780.653(b) or a bench warrant issued in violation MCR 3.”
People of Michigan v. Javaan Michael James, 932 N.W.2d 248 (Mich. Ct. App. 2019). “" MCL 780.653(b). "If the search warrant is supported by an affidavit, the affidavit must contain facts within the knowledge of the affiant and not mere conclusions or beliefs.”
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.