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

Mich. Comp. Laws § 780.656 (2026)

Service of warrant; officer's authorization to use force.

✓ current as of July 2026
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SEARCH WARRANTS


Act 189 of 1966


780.656 Service of warrant; officer's authorization to use force.

Sec. 6.

    The officer to whom a warrant is directed, or any person assisting him, may break any outer or inner door or window of a house or building, or anything therein, in order to execute the warrant, if, after notice of his authority and purpose, he is refused admittance, or when necessary to liberate himself or any person assisting him in execution of the warrant.

History: 1966, Act 189, Eff. Mar. 10, 1967

Notes of Decisions
Cited in 33 cases (5 in the last 5 years), 1971–2025 · leading case: People v. Stevens, 597 N.W.2d 53 (Mich. 1999).
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People v. Stevens, 597 N.W.2d 53 (Mich. 1999). · cites it 12× “Ramirez also testified that the fact that defendant was on probation for a controlled substance conviction made no difference in how long Ramirez waited before forcing entry into the house.”
People v. Ortiz, 569 N.W.2d 653 (Mich. Ct. App. 1997). · cites it 18× “§ 780.656; M.S.A. § 28.1259(6). In an order dated that same day, Judge Wendy Baxter denied the motion.”
State v. Attaway, 870 P.2d 103 (N.M. 1994). · cites it 2× “078 (arrest) (1980); Mich.Comp. Laws Ann. § 780.656 (West 1982); Neb.”
People v. Asher, 513 N.W.2d 144 (Mich. Ct. App. 1994). · cites it 8× “MCL 780.656; MSA 28.1259(6). Officer Brandemihl testified at the suppression hearing that he heard nothing from the inside of the residence before gaining entry.”
People v. Vasquez, 602 N.W.2d 376 (Mich. 1999). · cites it 8× “MCL 780.656; MSA 28.1259(6). Therefore, in this case, because I am bound to follow the precedent of the United States Supreme Court, I would affirm the decision of the Court of Appeals.”
People v. Sobczak-Obetts, 625 N.W.2d 764 (Mich. 2001). · cites it 2× “We have recently had occasion to consider whether evidence obtained during the execution of a search warrant must be excluded where the executing officers violated our "knock and announce" statute, MCL 780.656; MSA 28.1259(6). [17] In Stevens, supra, we held that the Court of…”
People v. Fetterley, 583 N.W.2d 199 (Mich. Ct. App. 1998). · cites it 2× “Defendant argues that the police conduct violated the knock-and-announce statute, MCL 780.656; MSA 28.1259(6), and constituted an unreasonable search and seizure under the United States and Michigan Constitutions, US Const, Am IV; Const 1963, art 1, §11.”
People v. Manning, 624 N.W.2d 746 (Mich. Ct. App. 2001). · cites it 2× “[113] MCL 780.656; MSA 28.1259(6). [114] Cipriano, supra at 333-334 , 429 N.”
United States v. Wolfe, 22 F. Supp. 2d 627 (E.D. Mich. 1998). · cites it 7× “§ 780.656, “Breaking of doors and windows,” was violated.”
People v. Doane, 190 N.W.2d 259 (Mich. Ct. App. 1971). · cites it 6× “United States (1958), 357 US 301 ( 78 S Ct 1190 , 2 L Ed 2d 1332 ), defendant contends that the failure of the officers to state their purpose in seeking admittance to the Doane home in accordance with MCLA § 780.656 (Stat Ann 1971 Cum Supp § 28.”
People v. Zuccarini, 431 N.W.2d 446 (Mich. Ct. App. 1988). · cites it 2× “Savoca, supra, p 298 . *17 Defendant next contends that the seized evidence should have been suppressed because, it is claimed, the executing officers did not comply with the "knock and announce" statute, MCL 780.”
People v. Hamilton, 638 N.W.2d 92 (Mich. 2002). “655); People v Stevens, supra (failure to comply with the “knock and announce” statute, MCL 780.656, in executing a search warrant).”
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