HB-4321, As Passed House, October 28, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4321

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 25c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IV

     Sec. 25c. (1) Except in exigent circumstances or as provided

in subsection (3), a law enforcement officer shall not enter or

search a residence without a valid search warrant if a resident

expressly objects to the entry or search. This subsection applies

even if another resident consents to the entry or search after the

objecting resident is no longer physically present at the

residence.

     (2) Evidence knowingly obtained in violation of subsection (1)

is inadmissible in any criminal action against a person who

House Bill No. 4321 as amended October 22, 2015

objected to the entry or search by which the evidence was

improperly obtained. However, that evidence may be used to revoke

parole or probation or impeach a [Defendant’s testimony] as otherwise

provided by

law.

     (3) Subsection (1) does not apply to a circumstance in which a

resident who consents to an entry or search is the victim of an

alleged criminal act committed by a resident who objects to the

search [for which a law enforcement officer's purpose in entering the

residence is to obtain evidence of the alleged criminal act.]

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.