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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 764.18 Arrest; under warrant; duty of officer.
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Sec. 18. Where an arrest is made under a warrant, it shall not be necessary for the arresting officer personally to have the warrant in his possession but such officer must, if possible, inform the person arrested that there is a warrant for his arrest and, after the arrest is ma…
Mich. Comp. Laws § 764.19 Arrest; without warrant; officer, duties; return as evidence.
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Sec. 19. When arresting a person, without a warrant, the officer making the arrest shall inform the person arrested of his authority and the cause of the arrest, except when the person arrested is engaged in the commission of a criminal offense, or if he flees or if he forcibly r…
Mich. Comp. Laws § 764.1a Complaint; allegations; swearing before magistrate or clerk; issuance of summons; finding of reasonable cause; testimony; supplemental affidavits; basis of factual obligations; complaint alleging violation of MCL 750.81 or 750.81a or corresponding ordinance; refusal to accept complaint prohibited; compliance with MCL 764.1; definitions.
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Sec. 1a. (1) A magistrate shall issue a warrant or summons upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the individual accused in the complaint committed that offense. The complaint must be sworn t…
Mich. Comp. Laws § 764.1b Warrant; recitation of accusation; directions to peace officer.
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Sec. 1b. A warrant issued pursuant to section 1a shall recite the substance of the accusation contained in the complaint. Except as permitted in section 1c of this chapter, the warrant shall be directed to a peace officer; shall command the peace officer immediately to arrest the…
Mich. Comp. Laws § 764.1c Issuing warrant or endorsing complaint if accused in custody upon arrest without warrant; finding of reasonable cause; endorsement as complaint and warrant.
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Sec. 1c. (1) If the accused is in custody upon an arrest without a warrant, a magistrate, upon finding reasonable cause as provided in section 1a of this chapter, shall do either of the following: (a) Issue a warrant as provided in section 1b of this chapter. (b) Endorse upon the…
Mich. Comp. Laws § 764.1d Complaint; recitation of accusation; factual allegations.
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Sec. 1d. A complaint shall recite the substance of the accusation against the accused. The complaint may contain factual allegations establishing reasonable cause.
Mich. Comp. Laws § 764.1e Complaint signed by peace officer; statement; making materially false statement in complaint as perjury; penalty; contempt of court.
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Sec. 1e. (1) For purposes of sections 1a to 1d of this chapter, a complaint signed by a peace officer shall be treated as made under oath if the offense alleged in the complaint is a misdemeanor or ordinance violation for which the maximum permissible penalty does not exceed 93 d…
Mich. Comp. Laws § 764.1f Juvenile; filing complaint and warrant with magistrate; “specified juvenile violation” defined.
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Sec. 1f. (1) If the prosecuting attorney has reason to believe that a juvenile 14 years of age or older but less than 18 years of age has committed a specified juvenile violation, the prosecuting attorney may authorize the filing of a complaint and warrant on the charge with a ma…
Mich. Comp. Laws § 764.1g Arrest warrant; determination that person is parolee; use of LEIN; notice.
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Sec. 1g. (1) Before a warrant is issued for the arrest of a person who is not in custody, the law enforcement agency investigating the crime shall use the law enforcement information network to determine whether the person is a parolee under the jurisdiction of the department of …
Mich. Comp. Laws § 764.2 Warrant; pursuit and apprehension of party in other county; aid.
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Sec. 2. If any person against whom a warrant shall be issued for an alleged offense committed within any county, shall, either before or after the issuing of such warrant, escape from or be out of the county, the sheriff or other officer to whom such warrant may be directed, may …
Mich. Comp. Laws § 764.20 Arrest; private persons, duty.
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Sec. 20. A private person, before making an arrest, shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, except when he is then engaged in the commission of a criminal offense, or if he flees or forcibly resists arrest before the pers…
Mich. Comp. Laws § 764.21 Right to break open inner or outer door.
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Sec. 21. A private person, when making an arrest for a felony committed in his or her presence, or a peace officer or federal law enforcement officer, when making an arrest with a warrant or when making a felony arrest without a warrant as authorized by law, may break open an inn…
Mich. Comp. Laws § 764.22 Right to break open door or window.
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Sec. 22. A peace officer, a federal law enforcement officer, or a private person who has lawfully entered a building for the purpose of making an arrest and is detained in the building, may break open a door or window of the building if necessary to escape from the building. A pe…
Mich. Comp. Laws § 764.23 Escape from custody or from state correctional facility; pursuit and retaking or arrest without warrant; definition.
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Sec. 23. (1) If a person who has been lawfully arrested escapes or is rescued, the person from whose custody he or she escaped or was rescued may immediately pursue and retake him or her at any time and in any place within the state without a warrant. (2) If a prisoner escapes fr…
Mich. Comp. Laws § 764.23a Trespass upon state correctional facility; violation; arrest without warrant; “state correctional facility” defined.
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Sec. 23a. (1) A person who trespasses upon a state correctional facility in violation of section 552b of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.552b of the Michigan Compiled Laws, may be arrested without a warrant by any employee of the…
Mich. Comp. Laws § 764.24 Arrest; escape or rescue; means of recapture.
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Sec. 24. To retake the person escaping or rescued, the person pursuing may use the same means to retake as are authorized for an arrest.
Mich. Comp. Laws § 764.25 Arrest; weapons and articles on prisoner; seizure, disposal.
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Sec. 25. Any person making an arrest shall take from the person arrested, all offensive weapons or incriminating articles which he may have about his person and must deliver them to the sheriff of the county, chief of police of the city or to the magistrate before whom he is take…
Mich. Comp. Laws § 764.25a Strip search.
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Sec. 25a. (1) As used in this section, "strip search" means a search which requires a person to remove his or her clothing to expose underclothing, breasts, buttocks, or genitalia. (2) A person arrested or detained for a misdemeanor offense, or an offense which is punishable only…
Mich. Comp. Laws § 764.25b Body cavity search.
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Sec. 25b. (1) As used in this section: (a) "Body cavity" means the interior of the human body not visible by normal observation, being the stomach or rectal cavity of a person and the vagina of a female person. (b) "Body cavity search" means a physical intrusion into a body cavit…
Mich. Comp. Laws § 764.26 Arrest; rights of alleged felon.
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Sec. 26. Every person charged with a felony shall, without unnecessary delay after his arrest, be taken before a magistrate or other judicial officer and, after being informed as to his rights, shall be given an opportunity publicly to make any statement and answer any questions …
Mich. Comp. Laws § 764.26a Dismissal of charges before trial; requirements; receipt of order.
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Sec. 26a. (1) If an individual is arrested for any crime and the charge or charges are dismissed before trial, both of the following apply: (a) The arrest record shall be removed from the internet criminal history access tool (ICHAT). (b) If the prosecutor of the case agrees at a…
Mich. Comp. Laws § 764.27 Arrest of child less than 18 years of age; procedure.
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Sec. 27. Except as otherwise provided in section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606, if a child less than 18 years of age is arrested, with or without a warrant, the child must be taken immediately before the family division of circuit court of th…
Mich. Comp. Laws § 764.27a Juvenile taken into custody or detained; prohibitions; confinement of juvenile in county jail; other confinement; credit for time served.
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Sec. 27a. (1) A juvenile, other than a juvenile confined under subsection (3), must not be confined in a police station, prison, jail, lock-up, or reformatory, or be transported with, or compelled or permitted to associate or mingle with, criminal persons while awaiting trial. (2…
Mich. Comp. Laws § 764.28 Failure of person under recognizance or appeal to appear; forfeiture; issuing process for arrest of appellant or defendant.
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Sec. 28. If a person under recognizance on an appeal from a conviction and judgment of a magistrate does not appear according to the condition of the recognizance, and the recognizance is forfeited by reason of the breach of that condition, and the forfeiture is entered on the re…
Mich. Comp. Laws § 764.29 Fingerprints.
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Sec. 29. (1) At the time of arraignment of a person on a complaint for a felony or a misdemeanor punishable by imprisonment for more than 92 days, the magistrate shall examine the court file to determine if the person has had fingerprints taken as required by section 3 of Act No.…
Mich. Comp. Laws § 764.2a Peace officer; exercise of authority in other county, city, village, township, public airport authority, or university; violation involving water vessel; "public airport authority" defined.
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Sec. 2a. (1) A peace officer of a county, city, village, township, public airport authority, or university of this state may exercise the authority and powers of a peace officer outside the geographical boundaries of the officer's county, city, village, township, public airport a…
Mich. Comp. Laws § 764.2b Authority and immunity of law enforcement officer of another state; definitions.
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Sec. 2b. (1) A law enforcement officer of an adjacent state has the same authority and immunity as a law enforcement officer of this state as provided by law if all of the following conditions are met: (a) The law enforcement officer is authorized to arrest a person, with or with…
Mich. Comp. Laws § 764.3 Failure to appear; rebuttable presumption for first failure; revocation of release order or forfeiture of bail; issuance of warrant; conditions and reasons.
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Sec. 3. (1) Notwithstanding any provision of law to the contrary and except in cases where the complaint is for an assaultive crime or an offense involving domestic violence, in the event that a defendant fails to appear for a court hearing and it is the defendant's first failure…
Mich. Comp. Laws § 764.4 Taking person arrested pursuant to warrant before magistrate of judicial circuit in which arrest made; conditions.
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Sec. 4. If a person is arrested pursuant to a warrant which charges an offense other than an offense for which bail may be denied, if the arrest is made in a county other than that in which the offense is charged to have been committed, and if the person arrested requests that he…
Mich. Comp. Laws § 764.5 Taking recognizance for arrested person's appearance before magistrate of judicial circuit in which offense charged to have been committed.
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Sec. 5. The magistrate may take from the person arrested, a recognizance with sufficient sureties, for the person's appearance within 10 days before a magistrate of the judicial district in which the offense is charged to have been committed.
Mich. Comp. Laws § 764.6 Recognizance; certification; delivery.
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Sec. 6. The magistrate shall certify on the recognizance the fact of having let the defendant post bail and shall deliver the recognizance taken to the person who made the arrest, who shall cause the recognizance to be delivered without unnecessary delay to a magistrate or clerk …
Mich. Comp. Laws § 764.6f Communication and hearing protocols for swift processing of warrants originated in another county.
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Sec. 6f. (1) Each district court and county jail shall establish a communication protocol to enable the swift processing of individuals detained on a warrant of arrest that originated in another county. (2) Each district court shall establish a hearing protocol for individuals de…
Mich. Comp. Laws § 764.7 Taking arrested person before magistrate of judicial circuit in which offense charged to have been committed in absence of bail.
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Sec. 7. If the magistrate refuses to allow the arrested person to post bail, or if sufficient bail is not offered, the official having charge of the arrested person shall take the arrested person before a magistrate of the judicial district in which the offense is charged to have…
Mich. Comp. Laws § 764.9a Minor offense; written order for summons; contents; service.
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Sec. 9a. (1) As an alternative to filing an order allowing a warrant as provided in section 1 if the arrest is to be for a minor offense, the prosecuting attorney may issue a written order for a summons addressed to a defendant, directing the defendant to appear before a magistra…
Mich. Comp. Laws § 764.9c Arrest without warrant for misdemeanor or ordinance violation; issuance and service of appearance ticket by police officer or specially authorized public servant; exceptions; circumstances for arrest; time period for charges or release; definitions.
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Sec. 9c. (1) Except as provided in subsection (3), if a police officer has arrested a person without a warrant for a misdemeanor or ordinance violation, instead of taking the person before a magistrate and promptly filing a complaint as provided in section 13 of this chapter, the…
Mich. Comp. Laws § 764.9d Complaint; filing; contents; dismissal.
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Sec. 9d. (1) Except as otherwise provided by sections 9f and 9g, a police officer or other public servant who has issued and served an appearance ticket, at or before the time the appearance ticket is returnable, shall file or cause to be filed in the local criminal court in whic…
Mich. Comp. Laws § 764.9e Failure to appear; rebuttable presumption; articulable reasons to overcome presumption.
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Sec. 9e. (1) If after the service of an appearance ticket and the filing of a complaint for the offense designated on the appearance ticket the defendant does not appear in the designated local criminal court within the time the appearance ticket is returnable, the court may issu…
Mich. Comp. Laws § 764.9f Appearance ticket; definition; consecutive numbering; form; contents; modification.
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Sec. 9f. (1) As used in sections 9c to 9g, "appearance ticket" means a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal c…
Mich. Comp. Laws § 764.9g Magistrates jurisdiction; pleas, complaint.
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Sec. 9g. (1) When under the provisions of sections 9b or 9c an officer issues an appearance ticket, an examining magistrate may accept a plea of guilty or not guilty upon the appearance ticket, without the necessity of a sworn complaint. If the offender pleads not guilty, no furt…
Mich. Comp. Laws § 765.1 Judges and district court magistrate empowered to let accused person to bail; recognizance for appearance of accused person.
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Sec. 1. (1) A judge of the circuit court, of the recorder's court of the city of Detroit, of the traffic and ordinance division of the recorder's court of the city of Detroit, of the district court, and of a municipal court, and a district court magistrate, shall have power to le…
Mich. Comp. Laws § 765.12 Deposit of cash; certified check or certain securities in lieu of bond or bail; right.
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Sec. 12. In any criminal cause or proceeding where bond or bail of any character is required or permitted for any purpose, the party or parties required or permitted to furnish such bail or bond may deposit, in lieu thereof, in the manner herein provided, cash, certified check on…
Mich. Comp. Laws § 765.12a Money collected in addition to bail or bond money; disposition; purpose.
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Sec. 12a. (1) A law enforcement agency that obtains bail or bond money from or on behalf of a person arrested pursuant to a warrant issued by a court may collect, in addition to the bail or bond money, an amount not more than $10.00 from the person arrested or from another person…
Mich. Comp. Laws § 765.13 Depository; receipt.
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Sec. 13. Such cash, check or security shall be deposited with the clerk of the court, if under bond, or with the treasurer of the county, city, village or township within which the bail or bond is to be furnished or, in any case, with the state treasurer. Such treasurer or clerk …
Mich. Comp. Laws § 765.14 Deposit of cash; filing duplicate receipts in court, effect.
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Sec. 14. The filing of 1 of such duplicate receipts in the court in which such bond or bail is required or permitted to be filed shall have the same effect as the furnishing of such bond or bail and shall be taken and given effect by such court and its officers in lieu of such bo…
Mich. Comp. Laws § 765.15 Bail; cash, check, or security; disposition upon forfeiture or discharge of bond or bail.
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Sec. 15. (1) If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or security within 45 days of the order. The treasurer or clerk, upon presentation of a certified copy of such order, shall dispose of the cash…
Mich. Comp. Laws § 765.16 Subjection to legal process; assignment.
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Sec. 16. Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in writing, signed by the depositor, before 2 witnesses, acknowledged before an officer having authority to take the acknow…
Mich. Comp. Laws § 765.17 Deposit in special fund; interest.
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Sec. 17. Any cash or securities received by any treasurer or clerk under the provisions of this chapter shall be deposited in a special fund, or place of deposit subject to the order of the proper court. Any interest accumulating upon such fund shall be paid into the general fund…
Mich. Comp. Laws § 765.18 Deposit of cash; redemption before forfeiture by substitution of bond.
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Sec. 18. Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time before forfeiture of the same, redeem any cash or securities so deposited by substituting the bond originally required or permitted.
Mich. Comp. Laws § 765.20 Administering oath to proposed surety to ascertain financial condition; requiring surety upon criminal recognizance to pledge real estate; value of surety's interest in real estate; executing recognizance and affidavit of justification; form; deposition of surety.
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Sec. 20. (1) A judge listed in section 1(1) of this chapter or a district court magistrate may administer an oath to a proposed surety upon a recognizance given for the release of a person accused of a felony, misdemeanor, or ordinance violation, to ascertain his or her financial…
Mich. Comp. Laws § 765.21 Surety on recognizance; attachment of lien; record notice of lien, form, effect.
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Sec. 21. Upon the execution of any recognizance in the usual form and an affidavit of justification containing a description of real estate there shall immediately attach to the said real estate, described in said affidavit of justification, a lien in favor of the people of the s…