Michigan Compiled Laws 175-1927-iv Chapter IV Arrest (764.1...764.29)

• Section 764.1 Issuance Of Processes; Authorization For Issuance Of Warrant; Exception; Making Complaint For Arrest Warrant By Electronic Or Electromagnetic Means; Proof Of Signing; Location.
  (1) For the apprehension of persons charged with a felony, misdemeanor, or ordinance violation, a judge or district court magistrate may issue processes to...
• Section 764.1a Complaint; Allegations; Swearing Before Magistrate Or Clerk; Finding Of Reasonable Cause; Testimony; Supplemental Affidavits; Basis Of Factual Obligations; Complaint Alleging Violation Of Mcl 750.81 Or 750.81a Or Corresponding Ordinance; Compliance With Mcl 764.1; Refusal To Accept Complaint Prohibited; Definitions.
  (1) A magistrate shall issue a warrant upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable...
• Section 764.1b Warrant; Recitation Of Accusation; Directions To Peace Officer.
  A warrant issued pursuant to section 1a shall recite the substance of the accusation contained in the complaint. Except as permitted in section 1c...
• Section 764.1c Issuing Warrant Or Endorsing Complaint If Accused In Custody Upon Arrest Without Warrant; Finding Of Reasonable Cause; Endorsement As Complaint And Warrant.
  (1) If the accused is in custody upon an arrest without a warrant, a magistrate, upon finding reasonable cause as provided in section 1a...
• Section 764.1d Complaint; Recitation Of Accusation; Factual Allegations.
  A complaint shall recite the substance of the accusation against the accused. The complaint may contain factual allegations establishing reasonable cause. History: Add. 1980,...
• Section 764.1e Complaint Signed By Peace Officer; Statement; Making Materially False Statement In Complaint As Perjury; Penalty; Contempt Of Court.
  (1) For purposes of sections 1a to 1d of this chapter, a complaint signed by a peace officer shall be treated as made under...
• Section 764.1f Juvenile; Filing Complaint And Warrant With Magistrate; “specified Juvenile Violation” Defined.
  (1) If the prosecuting attorney has reason to believe that a juvenile 14 years of age or older but less than 17 years of...
• Section 764.1g Arrest Warrant; Determination That Person Is Parolee; Use Of Lein; Notice.
  (1) Before a warrant is issued for the arrest of a person who is not in custody, the law enforcement agency investigating the crime...
• Section 764.2 Warrant; Pursuit And Apprehension Of Party In Other County; Aid.
  If any person against whom a warrant shall be issued for an alleged offense committed within any county, shall, either before or after the...
• Section 764.2a Peace Officer; Exercise Of Authority In Other County, City, Village, Township, Or University; Violation Involving Water Vessel.
  (1) A peace officer of a county, city, village, township, or university of this state may exercise the authority and powers of a peace...
• Section 764.2b Authority And Immunity Of Law Enforcement Officer Of Another State; Definitions.
  (1) A law enforcement officer of an adjacent state has the same authority and immunity as a law enforcement officer of this state as...
• Section 764.3 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to return of arrest warrant.
• Section 764.4 Taking Person Arrested Pursuant To Warrant Before Magistrate Of Judicial Circuit In Which Arrest Made; Conditions.
  If a person is arrested pursuant to a warrant which charges an offense other than an offense for which bail may be denied, if...
• Section 764.5 Taking Recognizance For Arrested Person's Appearance Before Magistrate Of Judicial Circuit In Which Offense Charged To Have Been Committed.
  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...
• Section 764.6 Recognizance; Certification; Delivery.
  The magistrate shall certify on the recognizance the fact of having let the defendant post bail and shall deliver the recognizance taken to the...
• Section 764.7 Taking Arrested Person Before Magistrate Of Judicial Circuit In Which Offense Charged To Have Been Committed In Absence Of Bail.
  If the magistrate refuses to allow the arrested person to post bail, or if sufficient bail is not offered, the official having charge of...
• Section 764.8 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed section pertained to offense not cognizable by justice of peace.
• Section 764.9 Repealed. 1988, Act 113, Imd. Eff. May 2, 1988.
  Compiler's Notes: The repealed section pertained to arrested person's right to be brought before magistrate where offense cognizable by justice of the peace.
• Section 764.9a Minor Offense; Written Order For Summons; Contents; Service.
  (1) As an alternative to filing an order allowing a warrant as provided in section 1 if the arrest is to be for a...
• Section 764.9b Repealed. 1999, Act 76, Eff. Oct. 1, 1999.
  Compiler's Notes: The repealed section pertained to arrest without warrant for minor offense.
• Section 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.
  (1) Except as provided in subsection (3), if a police officer has arrested a person without a warrant for a misdemeanor or ordinance violation...
• Section 764.9d Complaint; Filing; Contents; Dismissal.
  (1) Except as otherwise provided by sections 9f and 9g, a police officer or other public servant who has issued and served an appearance...
• Section 764.9e Failure To Appear; Arrest.
  If after the service of an appearance ticket and the filing of a complaint for the offense designated therein the defendant does not appear...
• Section 764.9f Appearance Ticket; Definition; Consecutive Numbering; Form; Contents; Modification.
  (1) As used in sections 9c to 9g, “appearance ticket” means a complaint or written notice issued and subscribed by a police officer or...
• Section 764.9g Magistrates Jurisdiction; Pleas, Complaint.
  (1) When under the provisions of sections 9b or 9c an officer issues an appearance ticket, an examining magistrate may accept a plea of...
• Section 764.10-764.12 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
  Compiler's Notes: The repealed sections pertained to recognizance for appearance, certification to bail, and insufficient bail.
• Section 764.13 Arrest Without Warrant; Taking Arrested Person Before Magistrate Of Judicial District In Which Offense Charged To Have Been Committed; Complaint.
  A peace officer who has arrested a person for an offense without a warrant shall without unnecessary delay take the person arrested before a...
• Section 764.14 Arrest By Private Person; Disposition Of Arrested Person; Complaint.
  A private person who has made an arrest shall without unnecessary delay deliver the person arrested to a peace officer, who shall without unnecessary...
• Section 764.15 Arrest By Officer Without Warrant; Situations; Circumstances.
  (1) A peace officer, without a warrant, may arrest a person in any of the following situations: (a) A felony, misdemeanor, or ordinance violation...
• Section 764.15a Arrest Without Warrant For Assault Of Individual Having Child In Common, Household Resident, Dating Relationship, Or Spouse Or Former Spouse.
  A peace officer may arrest an individual for violating section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and...
• Section 764.15b Arrest Without Warrant For Violation Of Personal Protection Order; Answering To Charge Of Contempt; Hearing; Bond; Show Cause Order; Jurisdiction To Conduct Contempt Proceedings; Prosecution Of Criminal Contempt; Prohibited Actions By Court; Definitions.
  (1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or receives positive information...
• Section 764.15c Investigation Or Intervention In Domestic Violence Dispute; Providing Victim With Notice Of Rights; Report; Retention And Filing Of Report; Development Of Standard Domestic Violence Incident Report Form; Definitions.
  (1) After investigating or intervening in a domestic violence incident, a peace officer shall provide the victim with a copy of the notice in...
• Section 764.15d Federal Law Enforcement Officer; Powers.
  (1) A federal law enforcement officer may enforce state law to the same extent as a state or local officer only if all of...
• Section 764.15e Violation Of Condition Of Release; Arrest Without Warrant; Duties Of Peace Officer; Release On Interim Bond; Priority To Certain Cases; Hearing And Revocation Procedures.
  (1) A peace officer, without a warrant, may arrest and take into custody a defendant whom the peace officer has or receives positive information...
• Section 764.15f Violation Of Order Issued By Probate Court Or Family Division Of Circuit Court; Arrest Without Warrant; Duties Of Police Officer And Court; Authority Of Judge To Arraign, Take Plea, Or Sentence; Judge Not Available; Entering Order Into Or Removing From Law Enforcement Information Network.
  (1) A peace officer, without a warrant, may arrest and take into custody a person if the peace officer has reasonable cause to believe...
• Section 764.15g Determination That Person Arrested Is Parolee; Notice To Department Of Corrections; Compliance.
  (1) When a person is arrested and taken into custody with or without a warrant as allowed under this chapter, the peace officer who...
• Section 764.16 Arrest By Private Person; Situations.
  A private person may make an arrest—in the following situations: (a) For a felony committed in the private person's presence. (b) If the person...
• Section 764.17 Arrest; Time.
  An arrest may be made on any day at any time of the day or night. History: 1927, Act 175, Eff. Sept. 5, 1927...
• Section 764.18 Arrest; Under Warrant; Duty Of Officer.
  Where an arrest is made under a warrant, it shall not be necessary for the arresting officer personally to have the warrant in his...
• Section 764.19 Arrest; Without Warrant; Officer, Duties; Return As Evidence.
  When arresting a person, without a warrant, the officer making the arrest shall inform the person arrested of his authority and the cause of...
• Section 764.20 Arrest; Private Persons, Duty.
  A private person, before making an arrest, shall inform the person to be arrested of the intention to arrest him and the cause of...
• Section 764.21 Right To Break Open Inner Or Outer Door.
  A private person, when making an arrest for a felony committed in his or her presence, or a peace officer or federal law enforcement...
• Section 764.22 Right To Break Open Door Or Window.
  A peace officer, a federal law enforcement officer, or a private person who has lawfully entered a building for the purpose of making an...
• Section 764.23 Escape From Custody Or From State Correctional Facility; Pursuit And Retaking Or Arrest Without Warrant; Definition.
  (1) If a person who has been lawfully arrested escapes or is rescued, the person from whose custody he or she escaped or was...
• Section 764.23a Trespass Upon State Correctional Facility; Violation; Arrest Without Warrant; “state Correctional Facility” Defined.
  (1) A person who trespasses upon a state correctional facility in violation of section 552b of the Michigan penal code, Act No. 328 of...
• Section 764.24 Arrest; Escape Or Rescue; Means Of Recapture.
  To retake the person escaping or rescued, the person pursuing may use the same means to retake as are authorized for an arrest. History:...
• Section 764.25 Arrest; Weapons And Articles On Prisoner; Seizure, Disposal.
  Any person making an arrest shall take from the person arrested, all offensive weapons or incriminating articles which he may have about his person...
• Section 764.25a Strip Search.
  (1) As used in this section, “strip search” means a search which requires a person to remove his or her clothing to expose underclothing,...
• Section 764.25b Body Cavity Search.
  (1) As used in this section: (a) “Body cavity” means the interior of the human body not visible by normal observation, being the stomach...
• Section 764.25c Repealed. 1983, Act 92, Eff. Mar. 29, 1984.
  Compiler's Notes: The repealed section pertained to the applicability of MCL 764.25a and 764.25b.
• Section 764.26 Arrest; Rights Of Alleged Felon.
  Every person charged with a felony shall, without unnecessary delay after his arrest, be taken before a magistrate or other judicial officer and, after...
• Section 764.27 Arrest Of Child Less Than 17 Years Of Age; Procedure.
  Except as otherwise provided in section 606 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being...
• Section 764.27a Juvenile Taken Into Custody Or Detained; Prohibitions; Confinement Of Juvenile In County Jail; Other Confinement; Credit For Time Served.
  (1) A juvenile, other than a juvenile confined under subsection (3), shall not be confined in a police station, prison, jail, lock-up, or reformatory,...
• Section 764.28 Failure Of Person Under Recognizance Or Appeal To Appear; Forfeiture; Issuing Process For Arrest Of Appellant Or Defendant.
  If a person under recognizance on an appeal from a conviction and judgment of a magistrate does not appear according to the condition of...
• Section 764.29 Fingerprints.
  (1) At the time of arraignment of a person on a complaint for a felony or a misdemeanor punishable by imprisonment for more than...

Last modified: October 10, 2016