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Michigan Criminal Code: Firearms

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Search warrant

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.238 Search warrant. Sec. 238.

Search warrant When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases that any pistol or other weapon or device mentioned in this chapter is unlawfully possessed or carried by any person, such magistrate shall, if he be satisfied that there is reasonable cause to believe the matters in said complaint be true, issue his warrant directed to any peace officer, commanding him to search the person or place described in such complaint, and if such pistol, weapon or device be there found, to seize and hold the same as evidence of a violation of this chapter.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.238

Analysis of Michigan Penal Code Section 238

The provided excerpt is from Act 328 of 1931, which includes Section 238 of the Michigan Penal Code. This section pertains to the issuance of search warrants for the purpose of investigating the unlawful possession or carrying of pistols, weapons, or devices mentioned in the chapter. It outlines the conditions under which a search warrant may be issued and the actions to be taken by the peace officer upon executing the warrant.

Issuance of Search Warrant

  1. When a complaint is made on oath to a magistrate who is authorized to issue warrants in criminal cases, alleging the unlawful possession or carrying of a pistol or other weapon or device mentioned in the chapter by any person, the magistrate shall consider the complaint.
  2. If the magistrate is satisfied that there is reasonable cause to believe the matters stated in the complaint are true, the magistrate shall issue a search warrant. The warrant is directed to any peace officer and commands them to search the person or place described in the complaint.
  3. The search warrant allows the peace officer to seize and hold any pistol, weapon, or device mentioned in the complaint if found at the location specified in the warrant. The seized items serve as evidence of a violation of the chapter.

Please note that this analysis is provided for informational purposes only and should not be considered legal advice. For accurate and up-to-date information, it is advisable to consult legal professionals or refer to the complete and current version of the Michigan Penal Code.

Section 238 was originally enacted as part of Act 328 of 1931 and has been subsequently incorporated into the Michigan Compiled Laws as MCL 750.238.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.

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