§ 764.1 Issuance of processes; authorization for issuance of warrant or summons; exception; making complaint for arrest warrant or summons by electronic or electromagnetic means; proof of signing; location
§ 764.1a Complaint; allegations; swearing before magistrate or clerk; issuance of summons; finding of reasonable cause; testimony; supplemental affidavits; basis of factual obligations; complaint alleging viol
§ 764.1b Warrant; recitation of accusation; directions to peace officer
§ 764.1c Issuing warrant or endorsing complaint if accused in custody upon arrest without warrant; finding of reasonable cause; endorsement as complaint and warrant
§ 764.1d Complaint; recitation of accusation; factual allegations
§ 764.1e Complaint signed by peace officer; statement; making materially false statement in complaint as perjury; penalty; contempt of court
§ 764.1f Juvenile; filing complaint and warrant with magistrate; “specified juvenile violation” defined
§ 764.1g Arrest warrant; determination that person is parolee; use of LEIN; notice
§ 764.2 Warrant; pursuit and apprehension of party in other county; aid
§ 764.2a Peace officer; exercise of authority in other county, city, village, township, public airport authority, or university; violation involving water vessel; “public airport authority” defined
§ 764.2b Authority and immunity of law enforcement officer of another state; definitions
§ 764.3 Failure to appear; rebuttable presumption for first failure; revocation of release order or forfeiture of bail; issuance of warrant; conditions and reasons
§ 764.4 Taking person arrested pursuant to warrant before magistrate of judicial circuit in which arrest made; conditions
§ 764.5 Taking recognizance for arrested person’s appearance before magistrate of judicial circuit in which offense charged to have been committed
§ 764.6 Recognizance; certification; delivery
§ 764.6f Communication and hearing protocols for swift processing of warrants originated in another county
§ 764.7 Taking arrested person before magistrate of judicial circuit in which offense charged to have been committed in absence of bail
§ 764.9a Minor offense; written order for summons; contents; service
§ 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; circumstances for arrest;
§ 764.9d Complaint; filing; contents; dismissal
§ 764.9e Failure to appear; rebuttable presumption; articulable reasons to overcome presumption
§ 764.9f Appearance ticket; definition; consecutive numbering; form; contents; modification
§ 764.9g Magistrates jurisdiction; pleas, complaint
§ 764.13 Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint
§ 764.14 Arrest by private person; disposition of arrested person; complaint
§ 764.15 Arrest by officer without warrant; situations; circumstances
§ 764.15a Arrest without warrant for assault of individual having child in common, household resident, dating relationship, or spouse or former spouse
§ 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 crimin
§ 764.15c Investigation or intervention in domestic violence dispute; providing victim with notice of rights; address confidentiality program; report; retention and filing of report; development of standard dom
§ 764.15d Federal law enforcement officer; powers
§ 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
§ 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
§ 764.15g Determination that person arrested is parolee; notice to department of corrections; compliance
§ 764.15h Investigation of financial neglect, abuse or harm of a vulnerable adult or elder adult; definitions
§ 764.16 Arrest by private person; situations
§ 764.17 Arrest; time
§ 764.18 Arrest; under warrant; duty of officer
§ 764.19 Arrest; without warrant; officer, duties; return as evidence
§ 764.20 Arrest; private persons, duty
§ 764.21 Right to break open inner or outer door
§ 764.22 Right to break open door or window
§ 764.23 Escape from custody or from state correctional facility; pursuit and retaking or arrest without warrant; definition
§ 764.23a Trespass upon state correctional facility; violation; arrest without warrant; “state correctional facility” defined
§ 764.24 Arrest; escape or rescue; means of recapture
§ 764.25 Arrest; weapons and articles on prisoner; seizure, disposal
§ 764.25a Strip search
§ 764.25b Body cavity search
§ 764.26 Arrest; rights of alleged felon
§ 764.26a Dismissal of charges before trial; requirements; receipt of order
§ 764.27 Arrest of child less than 18 years of age; procedure
§ 764.27a Juvenile taken into custody or detained; prohibitions; confinement of juvenile in county jail; other confinement; credit for time served
§ 764.28 Failure of person under recognizance or appeal to appear; forfeiture; issuing process for arrest of appellant or defendant
§ 764.29 Fingerprints

Terms Used In Michigan Laws > Chapters 760-777 > Act 175 of 1927 > Chapter IV - Arrest

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bequest: Property gifted by will.
  • Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
  • Complaint: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 761.1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donee: The recipient of a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal law enforcement officer: means an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is enforcing laws of the United States. See Michigan Laws 761.1
  • Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Judicial district: means the following:
  (i) With regard to the circuit court, the county. See Michigan Laws 761.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile: means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 761.1
  • Juvenile facility: means a county facility, an institution operated as an agency of the county or family division of the circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803. See Michigan Laws 761.1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Magistrate: means a judge of the district court or a judge of a municipal court. See Michigan Laws 761.1
  • Minor offense: means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000. See Michigan Laws 761.1
  • Misdemeanor: means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ordinance violation: means either of the following:
    •   (i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1
  • seal: shall be construed to include any of the following:
    •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o