Warrantless Arrest Under the Marine Safety Act

4.6Warrantless Arrest Under the Marine Safety Act

A.Warrantless Arrest By Peace Officer

“A peace officer who observes a marine law violation or the commission of a crime may immediately arrest the person without a warrant or issue to the person a written or verbal warning.” MCL 324.80166(4).

B.Cases in Which Arrested Person Must Be Arraigned By a Magistrate or Judge

“If a person is arrested without a warrant for any of the following, the arrested person shall, without unreasonable delay, be arraigned by a magistrate or judge who is within the county in which the offense charged is alleged to have been committed, who has jurisdiction of the offense, and who is nearest or most accessible with reference to the place where the arrest is made:

(a) The person is arrested upon a charge of negligent homicide.

(b) The person is arrested under [MCL 324.80176(1), MCL 324.80176(3), MCL 324.80176(4), or MCL 324.80176(5)], or a local ordinance substantially corresponding to [MCL 324.80176(1) or MCL 324.80176(3)].

(c) The person is arrested under [MCL 324.80147] or a local ordinance substantially corresponding to [MCL 324.80147]. If in the existing circumstances it does not appear that releasing the person pending the issuance of a warrant will constitute a public menace, the arresting officer may proceed as provided by [MCL 324.80168].” MCL 324.80167.

C.Appearance Following a Warrantless Arrest

“When a person is arrested without a warrant for a violation of [MCL 324.80101 et seq.,] punishable as a misdemeanor, or of a provision of any local ordinance or rule established in conformity with [MCL 324.80101 et seq.], under conditions not referred to in [MCL 324.80167], the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of the person, the offense charged, and the time and place when and where the person shall appear in court.” MCL 324.80168(1). “If the arrested person so demands, he or she shall be arraigned by a magistrate or a district court judge as provided in [MCL 324.80167] in lieu of being given the notice.” MCL 324.80168(1).

“The time specified in the notice to appear shall be within a reasonable time after the arrest unless the person arrested demands an earlier hearing.” MCL 324.80168(2).

“The place specified in the notice to appear shall be before a magistrate or district court judge who is within the township or county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense.” MCL 324.80168(3).

“Appearance may be made in person, by representation, or by mail.” MCL 324.80168(4). “When appearance is made by representation or mail, the magistrate or district court judge may accept the plea of guilty or not guilty for purposes of arraignment, with the same effect as though the person personally appeared before him or her.” MCL 324.80168(4). “The magistrate or district court judge, by giving notice 5 days prior to the date of appearance, may require appearance in person at the time and place designated in the notice.” Id.

D.Warrantless Arrest of a Nonresident

“If a person not a resident of [Michigan] is arrested without a warrant for a violation of [MCL 324.80101 et seq.,] under conditions not referred to under [MCL 324.80167], the officer making the arrest, upon demand of the arrested person, shall immediately take the person for arraignment by a magistrate or a district court judge in the vicinity to answer to the complaint made against him or her.” MCL 324.80169(1). “If a magistrate or a district court judge is not available or an immediate trial cannot be had, the person arrested may recognize to the officer for his or her appearance by leaving with him or her not more than $200.00.” Id.

“The officer making the arrest shall give a receipt to the person arrested for the money deposited with him or her under [MCL 324.80169(1)], together with a written summons as provided in [MCL 324.80168].” MCL 324.80169(2). “If the offender fails to appear as required, the deposit shall be forfeited as in other cases of default in bail, in addition to any other penalty provided in [MCL 324.80101 et seq.]” MCL 324.80169(3). “Not more than 48 hours after taking a deposit under [MCL 324.80169], the officer shall deposit the money with the magistrate or the district court judge named in the notice to appear, together with a report stating the facts relating to the arrest.” MCL 324.80169(4). “Failure to report and deposit the money is embezzlement of public money.” Id.

E.Violation By Officer, Magistrate or District Court Judge

“Any officer, magistrate, or district court judge violating [MCL 324.80168 or MCL 324.80169] is guilty of misconduct in office and is subject to removal from office.” MCL 324.80170(1).

“[MCL 324.80168 and MCL 324.80169] govern all peace officers in making arrests without a warrant for violations of [MCL 324.80101 et seq.,] and do not prevent the execution of a warrant for the arrest of a person as in other cases of misdemeanors when it may be necessary.” MCL 324.80170(2).