1.33Initiating a Felony Action

“‘A police officer may arrest an individual without a warrant if a felony has been committed and the officer has probable cause to believe that individual committed a felony.’” People v Tierney, 266 Mich App 687, 705 (2005), quoting People v Kelly, 231 Mich App 627, 631 (1998). A criminal defendant may also be arrested on the basis of an arrest warrant. “A court must issue an arrest warrant or a summons . . . if presented with a proper complaint and if the court finds probable cause to believe that the accused committed the alleged offense.” MCR 6.102(A). MCR 6.102(C) requires a court to issue a summons rather than a warrant unless:

“(1) the complaint is for an assaultive crime or an offense involving domestic violence, as defined in MCL 764.1a.

(2) there is reason to believe from the complaint that the person against whom the complaint is made will not appear upon a summons.

(3) the issuance of a summons poses a risk to public safety.

(4) the prosecutor has requested an arrest warrant.” MCR 6.102(D). See also MCL 764.1a(2).

“A summons must contain the same information as an arrest warrant, except that it should summon the accused to appear before a designated court at a stated time and place.” MCR 6.102(C)(1).For more information on the initiation of a felony action, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 3.