SEARCH WARRANTS
Act 189 of 1966
780.655 Property seized upon search; tabulation; filing; suppression order; custody; restoration to owner; disposition of other property.
Sec. 5.
(1) When an officer in the execution of a search warrant finds any property or seizes any of the other things for which a search warrant is allowed by this act, the officer, in the presence of the person from whose possession or premises the property or thing was taken, if present, or in the presence of at least 1 other person, shall make a complete and accurate tabulation of the property and things that were seized. The officer taking property or other things under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and shall give to the person a copy of the tabulation upon completion, or shall leave a copy of the warrant and tabulation at the place from which the property or thing was taken. The officer is not required to give a copy of the affidavit to that person or to leave a copy of the affidavit at the place from which the property or thing was taken.
(2) The officer shall file the tabulation promptly with the judge or district court magistrate. The tabulation may be suppressed by order of the judge or district court magistrate until the final disposition of the case unless otherwise ordered. The property and things that were seized shall be safely kept by the officer so long as necessary for the purpose of being produced or used as evidence in any trial.
(3) As soon as practicable, stolen or embezzled property shall be restored to the owner of the property. Other things seized under the warrant shall be disposed of under direction of the judge or district court magistrate, except that money and other useful property shall be turned over to the state, county or municipality, the officers of which seized the property under the warrant. Money turned over to the state, county, or municipality shall be credited to the general fund of the state, county, or municipality.
History: 1966, Act 189, Eff. Mar. 10, 1967 ;-- Am. 2002, Act 112, Eff. Apr. 22, 2002 ;-- Am. 2014, Act 383, Imd. Eff. Dec. 18, 2014
Notes of Decisions
Cited in
37
cases (
5 in the last 5 years), 1974–2025 · leading case:
People v. Sobczak-Obetts, 625 N.W.2d 764 (Mich. 2001).
People v. Sobczak-Obetts, 625 N.W.2d 764 (Mich. 2001).
· cites it 24× “Because the officers provided only the warrant itself and not the affidavit, defendant argued that the search was defective and the handguns had to be suppressed. The trial court agreed. MCL 780.654; MSA 28.”
People v. Agar, 887 N.W.2d 662 (Mich. Ct. App. 2016).
· cites it 13× “UNLAWFUL SEARCH Defendant next claims in propia persona that the officers’ lack of compliance with MCL 780.655(1), by failing to provide him with a copy of the search warrant, resulted in an unlawful search justifying the exclusion of the computer evidence seized from his home.”
People v. Garvin, 597 N.W.2d 194 (Mich. Ct. App. 1999).
· cites it 10× “1259(5) mandates that the police provide a copy of the warrant with a tabulation of items seized to the person from whom or from whose "premises" or "place" the items were taken or leave a copy of the warrant and tabulation at the place of the search.”
People v. Collins, 475 N.W.2d 684 (Mich. 1991).
· cites it 6× “For example, MCL 780.655; MSA 28.1259(5) requires that the officer executing the warrant give the individual from whom the property or things are seized a copy of the warrant "forthwith.”
People v. Chapin, 624 N.W.2d 769 (Mich. Ct. App. 2001).
· cites it 26× “§ 780.655; MSA 28.1259(5), which provide in pertinent part: When an officer in the execution of a search warrant finds any property or seizes any of the things for which a search warrant is allowed by this act, the officer, in the presence of the person from whose possession or…”
People v. Martin, 721 N.W.2d 815 (Mich. Ct. App. 2006).
· cites it 2× “COPIES OF AFFIDAVITS Finally, defendant contends that the failure to attach the affidavits supporting the issuance of the search warrants to the copies left at the places searched violated the requirements of MCL 780.655. He further contends that, because this failure was…”
People v. Jagotka, 622 N.W.2d 57 (Mich. 1999).
· cites it 17× “§ 780.655; MSA 28.1259(5). [3] On that basis, the Court of Appeals directed that, when this case is tried, the jury should be given "an adverse inference instruction.”
United States v. Wolfe, 32 F. Supp. 2d 945 (E.D. Mich. 1999).
· cites it 13× “§ 780.655, and not previously addressed by this Court Lastly, defendant raises an issue which has not been previously advanced.”
People v. Sobczak-Obetts, 606 N.W.2d 658 (Mich. Ct. App. 2000).
· cites it 6× “" MCL 780.655; MSA 28.1259(5). The warrant form is prescribed by statute: A search warrant shall be directed to the sheriff or any peace officer, commanding such officer to search the house, building or other location or place, where any property or other thing for which he is…”
Michigan State Police v. 33rd Dist. Court, 360 N.W.2d 196 (Mich. Ct. App. 1984).
· cites it 5× “MCL 780.655; MSA 28.1259(5) provides in relevant part: "When an officer in the execution of a search warrant finds any property or seizes any of the other things for which a search warrant is allowed by this act, the officer, in the presence of the person from whose possession…”
People v. Myers, 413 N.W.2d 749 (Mich. Ct. App. 1987).
· cites it 4× “On May 20, 1986, defendant moved to suppress the evidence seized during the execution of a proper search warrant on the grounds that MCL 780.655; MSA 28.1259(5) had not been complied with.”
— Mich. Comp. Laws § 780.655(1) — 6 cases
People v. Agar, 887 N.W.2d 662 (Mich. Ct. App. 2016).
“UNLAWFUL SEARCH Defendant next claims in propia persona that the officers’ lack of compliance with MCL 780.655(1), by failing to provide him with a copy of the search warrant, resulted in an unlawful search justifying the exclusion of the computer evidence seized from his home.”
— Mich. Comp. Laws § 780.655(2) — 3 cases
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