November 12, 2014, Introduced by Rep. McMillin and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 25c to chapter IV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 25c. (1) Except in exigent circumstances, a law
enforcement officer shall not search a residence without a valid
search warrant if a resident expressly objects to the entry or
search. This section applies even if another resident consents to
the entry or search after the objecting resident is no longer
physically present at the residence. As used in this subsection,
"exigent circumstances" includes, but is not limited to, a
circumstance in which a resident who consents to an entry or search
under this subsection is the victim of an alleged criminal act
committed by a resident who objects to the search in which evidence
is obtained.
(2) Evidence obtained in the search of a residence in
violation of subsection (1) is inadmissible in any criminal action
against a person who objected to the entry or search by which the
evidence was improperly obtained.