Michigan Compiled Laws

Mich. Comp. Laws § 780.658 (2026)

Unlawful procurement of search warrant; penalty.

✓ current as of July 2026
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SEARCH WARRANTS


Act 189 of 1966


780.658 Unlawful procurement of search warrant; penalty.

Sec. 8.

    Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined not more than $1,000.00 or imprisoned not more than 1 year.

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

Notes of Decisions
Cited in 5 cases, 1996–2007 · leading case: People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003).
People v. Hawkins; People v. Scherf, 468 Mich. 488 (Mich. 2003). · cites it 6× “00 or imprisoned not more than 1 year”); MCL 780.658 (“[a]ny person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined not more than $1,000.”
People v. Keller, 739 N.W.2d 505 (Mich. 2007). · cites it 4× “657 and MCL 780.658." [11] This Court scheduled oral argument on the prosecutor's application for leave to appeal.”
People v. Hawkins, 668 N.W.2d 602 (Mich. 2003). · cites it 3× “657 ("[a]ny person who in executing a search warrant, wilfully exceeds his authority or exercises it with unnecessary severity, shall be fined not more than $1,000.”
People v. Barksdale, 556 N.W.2d 521 (Mich. Ct. App. 1996). “Defendant objected, arguing that the more appropriate charge was the misdemeanor offense of unlawfully procuring a search warrant, MCL 780.658; MSA 28.1259(8). The district court initially decided in defendant’s favor with regard to this question, reasoning that the prosecutor…”
People v. Keller, 716 N.W.2d 311 (Mich. Ct. App. 2006). · cites it 4× “657 [5] and MCL 780.658 [6] for a violation of MCL 780.”
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