January 11, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1966 PA 189, entitled
"An act to provide procedures for making complaints for, obtaining,
executing and returning search warrants; and to repeal certain acts
and parts of acts,"
by amending section 3 (MCL 780.653), as amended by 2014 PA 383.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The judge or district court magistrate's finding
of reasonable or probable cause shall be based upon all the facts
related within the affidavit made before him or her. The affidavit
may be based upon information supplied to the complainant by a
named or unnamed person if the affidavit contains 1 of the
(a) If the person is named, affirmative allegations from which
the judge or district court magistrate may conclude that the person
spoke with personal knowledge of the information.
(b) If the person is unnamed, affirmative allegations from
which the judge or district magistrate may conclude that the person
spoke with personal knowledge of the information and either that
the unnamed person is credible or that the information is reliable.
(2) Evidence obtained in violation of subsection (1) or
obtained as a result of a violation of subsection (1) is
inadmissible in any criminal prosecution. However, that evidence
may be used to revoke parole or probation or to impeach a
defendant's testimony as otherwise provided by law.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.