Michigan Search Warrant Laws and Regulations

The purpose of a search warrant is to provide protection that is mandated by the fourth amendment of the United States Constitution against unreasonable searches and seizures.

As per the United States Constitution, the people have the right to be inside their houses and be safe from searches without reason. The state law mentioning the checks and seizures shall not be violated and warrants should not be issued. However, the same will not happen if sufficient evidence can be found against an individual. Then a warrant is issued, and he must be arrested.

Authority and Definitions

The district court magistrates may issue search warrants when authorized by a district court judge as stated by the Revised Judicature Act. This authorization may be a blanket authorization. A warrant of search can be issued by a local magistrate if he has been given the power by the court judge to do the same. A magistrate is to issue a search warrant, written as per the direction of the Court of Appeals. It is in the area of the magistrate to issue a search warrant beyond the boundary limit of the district, but it has to be inside of Michigan.

The statutes, which rule the issuance, and the procedures of search warrants do not restrict the issuance of it in the territory. There is no law or statute that has been framed by the government that regulates and limits the issuance of the search warrants by the courts of the district outside the county. Every state has one district court that has all the power to issue a search warrant, and no other rules are required to do the same.

For issuance of the search warrant, it is important that there is an affidavit, which basically sets the procedures and focuses on the details, and sufficient cause.

Basically, a search warrant is issued by a court that comprises of the details pertaining to a place and property to seize. Search warrants completely rely on the grounds of the affidavit that is issued for it. Solely on the basis of that information, the affidavit must be judged. The search warrants that have been issued on the basis of an incomplete affidavit will not hold strong as it will lack cause and reason.

Types of Search Warrants

There are three types of search warrants that are issued. They are administrative, general, and on driving cases.

General search warrants are a tool in the hand of the law enforcement agencies to investigate in a specified area for crime evidences, smuggled goods, or illegal imports.

Administrative search warrants are associated in connection with an arson investigation or to allow authorities, like the local law enforcement agencies or other bodies, to make sure that they are working as per the guidelines.

The Blood Alcohol Content (or BAC) search warrants are used to authorize blood to be taken from a drunk driving case offenders to determine their blood alcohol levels. This generally happens when a suspect has refused to submit to a breath test.

Issuance of Search Warrants

The Court of Appeals examines and upholds the validity of a search warrant that is issued by facsimile or telephone procedures.

There are three statutes that specifically mention the requirements for search warrants: MCL 780.654, MCL 780.653, and MCL 780.651.

To issue a search warrant, the signature of the prosecutor is not necessary. However, there is a box in the lower left of the affidavit of the search warrant that contains the signature of the prosecuting official; such signature is not required.

The search warrants that are issued by the district magistrate must be done on an unbiased manner to determine the existence of cause or no cause. The Supreme Court, which is the highest authority, has ruled that the court officers, like the district magistrate, who is a member of the department of sheriff, is restricted from issuing search warrants. The probable determination of cause must be made by a person whose loyalty is solely to the judiciary branch, and, therefore, a person that is solely loyal to the law enforcement wing of the executive branch.

Legal Requirements

There are certain legal requirements that are required to issue a search warrant. They are:

- The search warrant must be backed by sufficient evidence or proof, related to a person against whom the search warrants have been issued.
- A search warrant, in respect to a public place, has no power to search all the individuals present at the time when the warrant was executed.

For more information about Michigan Search Warrants, please visit http://courts.michigan.gov or you can also visit http://www.michigan.gov.