2.24Property Subject to Seizure

In addition to the constitutional “particularity” requirement, Michigan statutory law limits the types of items for which a search warrant may be issued. Under MCL 780.652, a warrant may be issued to search for and seize any property or thing that is one or more of the following:

“(a) Stolen or embezzled in violation of a law of this state.

(b) Designed and intended for use, or that is or has been used, as the means of committing a crime.

(c) Possessed, controlled, or used wholly or partially in violation of a law of this state.

(d) Evidence of crime or criminal conduct.

(e) Contraband.

(f) The body or person of a human being or of an animal that may be the victim of a crime.

(g) The object of a search warrant under another law of this state providing for the search warrant. If there is a conflict between this act and another search warrant law, this act controls.” MCL 780.652(1).

Additionally, other Michigan statutes authorize the issuance of search warrants for any of the following property or things:

•Alcoholic liquor and containers, MCL 436.1235.

•Body cavity searches, MCL 764.25b.

•Chop shop materials, MCL 750.535a.

•Controlled substances, MCL 333.7502.

•Gaming implements, MCL 750.308.

•Hair, tissue, blood, or other bodily fluids obtained in criminal sexual conduct crimes (related by blood or affinity), MCL 780.652a.

•Large carnivores, MCL 287.1117.

•Pistols, weapons, and devices unlawfully possessed or carried, MCL 750.238 (penal code); MCL 28.433 (firearms code).

•Sources of ionizing radiation, MCL 333.13517.

•Tortured animals and instruments of torture, MCL 750.54.

•Wild birds, wild animals, and fish, MCL 324.1602.

•Wolf-dogs, MCL 287.1017.