3.21Authority to Issue Search Warrants

A.District or Circuit Court Judges

There is general authority for district and circuit court judges to issue search warrants. MCL 780.651(2)(a) and MCL 780.651(3) specify that “a judge or district court magistrate” may issue a search warrant. MCL 780.651(1) provides:

“When an affidavit is made on oath to a judge or district court magistrate authorized to issue warrants in criminal cases, and the affidavit establishes grounds for issuing a warrant under this act, the judge or district court magistrate, if he or she is satisfied that there is probable cause for the search, shall issue a warrant to search the house, building, or other location or place where the person, property, or thing to be searched for and seized is situated.”

MCL 780.651(3) authorizes “[a] judge or district court magistrate [to] issue a written search warrant in person or by any electronic or electromagnetic means of communication, including by facsimile or over a computer network.” Furthermore, “[a] judge or district court magistrate may sign an electronically issued search warrant when he or she is at any location in this state.” MCL 780.651(4).

In the event a district court judge knows that he or she may be temporarily unavailable to issue a search warrant, the chief judge of that district can request the chief judge of an adjoining district to direct a district judge within that adjoining district to serve temporarily as a district judge and to review the search warrant. MCL 600.8212. See also People v Fiorillo, 195 Mich App 701, 704 (1992) (a district court may issue a warrant for a search outside its jurisdictional boundaries).¹

B.District Court Magistrates

“Notwithstanding statutory provisions to the contrary, district court magistrates exercise only those duties expressly authorized by the chief judge of the district or division.” MCR 4.401(B). Accordingly, a district court magistrate has the jurisdiction and duty “[t]o issue search warrants, if [so] authorized[.]” MCL 600.8511(g). See also MCL 780.651(1); MCL 780.651(3). The term search warrant includes administrative search warrants issued outside the criminal context. Richter v Dep’t of Natural Resources, 172 Mich App 658, 664-665 (1988).

The chief judge of the district court may grant “blanket authorization” to magistrates to issue search warrants; the authorization need not be on a case-by-case basis. People v Paul, 444 Mich 949 (1994).

Although MCL 600.8511 does not require that the authorization to issue search warrants be in writing, effective January 1, 2010, AO 2009-6 requires the district court to submit a local administrative order (LAO) specifying each magistrate’s authorized duties. See LAO 3a and 3b.²

MCL 780.651(3) authorizes “[a] . . . district court magistrate [to] issue a written search warrant in person or by any electronic or electromagnetic means of communication, including by facsimile or over a computer network.” Furthermore, “[a] . . . district court magistrate may sign an electronically issued search warrant when he or she is at any location in this state.” MCL 780.651(4).

District court magistrates may also issue search warrants in an adjoining district or in other districts within a county if there is a multiple district plan in place. MCL 600.8320.

A search warrant may be executed outside the district, but within the State of Michigan, in which the magistrate is appointed to serve. People v Fiorillo, 195 Mich App 701, 704 (1992) (“No constitutional or statutory limits exist which prevent the district court from issuing search warrants to be executed outside the county of issuance. Since there is only one district court within the state, there is no need for explicit statutory authorization allowing the district court to issue statewide search warrants.”)³