Michigan Criminal Law & Police Procedures
In the state of Michigan, criminal law is administered by the Office of the Attorney General. Within the department, criminal law is the responsibility of the Criminal Justice Bureau. To comply with Michigan criminal law, the police and other law enforcement agencies in the state must follow strict procedures, including procedures for lodging fingerprints, collecting bail and seizing property as the result of executing a search warrant.
Operating A Motor Vehicle While Intoxicated
The police must immediately take the fingerprints of any person arrested for a felony offense or a misdemeanor offense where the maximum penalty could be in excess of 92 days. The police department responsible for the arrest must take the fingerprints using a form supplied by the Department of the Attorney General and the fingerprints must be forwarded to the Department of the Attorney General within 72 hours of the arrest (see Reference 1).
Property Seized During the Execution of a Search Warrant
According to section 780.655 of the Michigan Criminal Law code, any police officer who seizes property in the execution of a search warrant has to complete a record listing all of the property that has been seized. The record must be made in the presence of the person that the property was taken from or in the presence of the person whose premises was robbed. If the person in possession of the property or premises is not present, then the police officer must make the record of property seized in the presence of at least one other person. The officer must then leave a copy of the warrant and the record of property seized at the premises that the property was taken from or with the person that the property was taken from, if the person is present. If the property seized is stolen property, the property must be given back to the lawful owner of the property as soon as possible. (see Reference 2).
Bail For Traffic Offences and Misdemeanors
If a person has been charged with committing a road traffic offense or any other misdemeanor, the courts may approve bail for that person, meaning that the person is released from custody to appear before the court on a certain date. Any police officer or sheriff may accept bail from the offender and must then release the offender from custody. The Police officer or sheriff must provide the offender with a receipt for the amount of bail received and must then deposit the bail with the Clerk of the Court that is going to hear the case. Bail must be lodged with the Clerk of the Court within a reasonable time, which is not specified by section 780.68, which contains the law relating to this procedure (see Reference 3).
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