Bill Summary – FastDemocracy

Legislative Analysis
                                                                                            Phone: (517) 373-8080
SEARCH WARRANTS
                                                                                            http://www.house.mi.gov/hfa
House Bill 6118 as introduced                                                               Analysis available at
Sponsor: Rep. Abraham Aiyash                                                                http://www.legislature.mi.gov
Committee: Criminal Justice
Complete to 12-10-24
SUMMARY:
         House Bill 6118 would amend 1966 PA 189, which provides for the procedures for obtaining
         and executing search warrants, 1 to modify those procedures and create new restrictions on a
         law enforcement officer’s authorization to use force during the execution of a search warrant.
         Current law allows an officer (or any person assisting an officer) to break any outer or inner
         door or window of a house of building (or anything inside of the structure) to execute a warrant,
         as long as either of the following are true:
             • The officer has provided notice of his authority and purpose and is refused admittance.
             • The use of force is necessary to liberate the officer or any person assisting the officer
                 in the execution of the warrant.
         The bill would newly require officers (once they have announced their identity and purpose)
         to wait a reasonable period of time before attempting forcible entry into a house or building.
         In the event that an officer is refused admittance after allowing this reasonable period of time
         to elapse, the officer could use force to enter the structure and execute the warrant (as under
         current law).
                   Reasonable period of time would mean a period of time that, under the totality of the
                   circumstances known to the law enforcement officer, reasonably affords an occupant
                   of the dwelling or building an opportunity to grant admittance to the officer, taking into
                   account the period of time it would take an occupant to destroy evidence.
         Current law does not provide any exceptions to the requirement that law enforcement officers
         must “knock and announce” their presence to potential occupants before executing a search
         warrant on a structure or property. The bill would newly allow law enforcement officers to
         execute a search warrant on a “no-knock” basis (i.e., without first providing notice to potential
         occupants) if the executing officer has reasonable cause to believe one or more of the following
         circumstances apply:
              • There exists imminent danger to the life of the officer or another individual.
              • Evidence indicates that an individual present at the location where the warrant is to be
                 executed is aware that law enforcement officers are at the location.
1
  A search warrant is a physical or electronic document signed by a judge or district court magistrate authorizing a
law enforcement officer to search a house, building, or other location or place where the person, property, or object to
be searched for and seized is situated. Law enforcement officers seeking to obtain a search warrant must submit an
affidavit demonstrating that there is probable cause for the search (that is, there is a reasonable basis for believing that
evidence of a crime is present in the location to be searched).
House Fiscal Agency                                                                                            Page 1 of 3
            • Announcing identity and purpose of the officer would inhibit the investigation of a
              crime.
       In addition, the bill would newly allow for law enforcement officers to seek no-knock
       authorization if the applying officer has prior knowledge of any of the circumstances listed
       above at the time of the application. The officer would be required to include that information
       in the affidavit, in addition to the following (to the extent known):
           • A list of all known occupants of the location to be searched.
           • Notation of any potential disabilities of known occupants of the location.
           • Notation of pets that may occupy the location.
       Finally, the bill would also require that no-knock warrants with prior authorization be executed
       only between 8:00 a.m. and 6:00 p.m., as well as require that officers engaged in the forcible
       entry of a building during the execution of a warrant must be in uniform or otherwise clearly
       recognizable as a law enforcement officer.
       MCL 780.656
BACKGROUND
       House Bill 6118 is identical to Senate Bill 1094 of the current legislative session.
FISCAL IMPACT:
       House Bill 6118 would have no fiscal impact on the state or local units of government.
                                                                Fiscal Analyst: Aaron A. Meek
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                                   HB 6118 as introduced   Page 2 of 3
House Fiscal Agency   HB 6118 as introduced   Page 3 of 3
Statutes affected: 
Substitute (H-1): 780.656
House Introduced Bill: 780.656