SENATE BILL NO. 336

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 6 (MCL 780.656).

the people of the state of michigan enact:

Sec. 6. (1) The Except as otherwise provided in subsection (3) or (4), the law enforcement officer to whom a warrant is directed, or any person an individual assisting him, the law enforcement officer, shall do both of the following procedures:

(a) Announce the law enforcement officer's identity and purpose.

(b) Wait a reasonable period of time before attempting forcible entry into a house or building when executing a warrant.

(2) If after complying with the procedures required under subsection (1) the law enforcement officer is not granted admittance, the law enforcement officer may break any outer or inner door or window of a house or building, or anything therein, in the house or building, in order to execute the warrant, if, after notice of his authority and purpose, he is refused admittance, or when or if necessary to liberate himself the law enforcement officer or any person individual assisting him the law enforcement officer in execution of the warrant.

(3) Entry into a house or building without complying with subsection (1) is permitted if the law enforcement officer to whom a warrant is directed has reasonable cause to believe 1 or more of the following circumstances apply:

(a) There exists imminent danger to the life of the executing law enforcement officer or another individual.

(b) 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.

(c) Announcing identity and purpose of the law enforcement officer before entering would inhibit the investigation of a crime.

(4) If at the time the affidavit and application for a warrant is presented to the judge or district court magistrate the law enforcement officer possesses knowledge that 1 or more of the circumstances under subsection (3) exist at the location to be searched, the law enforcement officer shall include the information in the affidavit and shall seek authorization to enter without complying with subsection (1). If this subsection applies, the law enforcement officer shall also include in the affidavit, to the extent known, all of the following:

(a) A list of all known occupants of the location to be searched.

(b) Notation of any known disabilities of known occupants of the location.

(c) Notation of animals known to occupy the location.

(5) If authorization for entry without complying with subsection (1) is sought under subsection (4), unless execution during a different period of time is requested in the warrant application and authorized in the warrant, entry without complying with subsection (1) may only be made between the hours of 8 a.m. and 6 p.m.

(6) A law enforcement officer engaged in the forcible entry of a dwelling or building during the execution of a warrant must be in uniform or otherwise be clearly recognizable as a law enforcement officer.

(7) As used in this section "reasonable period of time" means 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 law enforcement officer, taking into account the period of time it would take an occupant to destroy evidence.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.