Reading A Search Warrant
MCL 780.654 — what it has to say, and what is left behind
A judge or district court magistrate issues a search warrant on a sworn affidavit, and only if satisfied that there is probable cause for the search. The affidavit and the warrant may be sent and signed electronically, and before carrying out an electronically issued warrant, the officer has to receive proof that the judge or magistrate signed it.
The warrant itself has to meet these requirements:
- It is directed to the sheriff or a peace officer, to search a stated place.
- It designates and describes the house, building or other place to be searched.
- It describes the property or thing to be seized.
- It states the grounds or the probable cause for issuing it, or has a copy of the affidavit attached.
An officer executing the warrant may break an outer or inner door or window if, after giving notice of the officer's authority and purpose, the officer is refused admittance, or when needed to free the officer or someone assisting.
A copy of the warrant, and a list of what was taken. The officer makes a complete and accurate tabulation of what is seized, in the presence of the person whose premises it was if that person is there, or else in front of at least 1 other person. The officer gives that person a copy of the warrant and of the tabulation, or leaves both at the place searched. The affidavit does not have to be given or left.
The affidavit in the court file is nonpublic at first and becomes public on the 56th day after the warrant issues, unless a police officer or prosecutor has obtained a suppression order to protect an ongoing investigation or a victim's or witness's privacy or safety. The tabulation is filed with the judge or magistrate, and stolen property is returned to its owner as soon as practicable.
Whether a search without a warrant was lawful, and what happens to evidence from a defective one, turn on the constitution and court decisions and are not covered here.
Sources for this section (4)
- MCL 780.651 — Issuing a search warrant, and the affidavit
- MCL 780.654 — What a search warrant has to contain
- MCL 780.655 — Property seized under a warrant, and the tabulation
- MCL 780.656 — Force in executing a search warrant
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.