Bill
HB 6118
Michigan HB 6118 revises warrant rules: enforces knock-and-announce with a defined waiting period, adds no-knock exceptions and pre-authorization affidavits, plus ID rules.
Title: Criminal procedure: warrants; execution of search warrants; modify (amends MCL 780.656)
Sponsor(s): Reps. Wilson, McKinney, Aiyash (introduced 11/14/2024); analysis lists Rep. Abraham Aiyash
Status (select): Reported with recommendation with substitute (H‑1) 12/10/2024; referred to second reading; referred to Joint Committee on Housing 01/22/2025
Purpose
- To revise Michigan’s “knock-and‑announce” rules for executing search warrants, establish explicit conditions under which entry without prior announcement (“no‑knock”) is allowed, and add procedural and documentation requirements when no‑knock entry is sought in advance.
Key provisions and changes
- Knock-and-wait requirement: Requires the executing law enforcement officer (or a person assisting) to announce identity and purpose and then wait a “reasonable period of time” before attempting forcible entry, unless subsections (3) or (4) apply.
- Definition: “Reasonable period of time” is defined by the totality of circumstances known to the officer and must reasonably afford an occupant time to admit the officer, taking into account how long it would take to destroy evidence.
- No‑knock exceptions at time of execution (subsection 3): Entry without announcing and waiting is permitted if the officer has reasonable cause to believe one or more of:
- Imminent danger to an officer or another individual;
- Evidence indicates an individual at the location is already aware that officers are present;
- Announcing identity and purpose would inhibit the investigation of a crime.
- Pre‑authorization and affidavit requirements (subsection 4): If the officer knows, at the time of applying for the warrant, that one or more of the no‑knock circumstances exist, the officer must include that information in the affidavit and seek authorization to enter without announcing. The affidavit must also, to the extent known, list:
- All known occupants of the location;
- Any known disabilities of occupants;
- Animals/pets known to occupy the location.
- Time restriction for pre‑authorized no‑knock warrants (subsection 5): Unless otherwise authorized in the warrant application, pre‑authorized no‑knock entries may only be executed between 8:00 a.m. and 6:00 p.m.
- Identification during forcible entry (subsection 6): Officers engaged in forcible entry must be in uniform or otherwise clearly recognizable as law enforcement.
Who is affected
- Law enforcement officers executing search warrants (operational procedures, documentation, and timing);
- Judges/district court magistrates reviewing and authorizing warrants (additional affidavit requirements when pre‑authorization requested);
- Occupants of premises subject to search warrants, including individuals with disabilities and household animals;
- Prosecutors and defense counsel (evidence and procedural challenges may be affected).
Procedural/timeline notes
- Substitute H‑1 reported with recommendation 12/10/2024; bill referred to second reading and later to Joint Committee on Housing (01/22/2025). House Fiscal Agency reports no fiscal impact to state or local government. The bill is identical to Senate Bill 1094 of the same session. Statutory target: MCL 780.656.
Compiled from official sources — confirm details with the bill’s official record.
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