2.30Submission of Affidavit and Issuance of Search Warrant by Electronic Device
“Under MCL 780.651(2), an affidavit may be made to a judge or district court magistrate via electronic or electromagnetic means of communication if the judge or district court magistrate orally administers the oath or affirmation and the affiant signs the affidavit.” People v Paul, 203 Mich App 55, 61 (1993), rev’d on other grounds 444 Mich 949 (1994).46 See also MCR 1.109(E)(4) (authorizing the use of electronic signatures that are in accordance with MCR 1.109(E)).
Specifically, MCL 780.651(2) provides:
“An affidavit for a search warrant may be made by any electronic or electromagnetic means of communication, including by facsimile or over a computer network, if both of the following occur:
(a) The judge or district court magistrate orally administers the oath or affirmation to an applicant for a search warrant who submits an affidavit under this subsection.
(b) The affiant signs the affidavit. Proof that the affiant has signed the affidavit may consist of an electronically or electromagnetically transmitted facsimile of the signed affidavit or an electronic signature on an affidavit transmitted over a computer network.”
“A judge or district court magistrate may issue a written search warrant in person or by any electronic or electromagnetic means of communication, including by facsimile or over a computer network.” MCL 780.651(3). 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).
“The peace officer or department receiving an electronically or electromagnetically issued search warrant shall receive proof that the issuing judge or district court magistrate has signed the warrant before the warrant is executed.” MCL 780.651(5). “Proof that the issuing judge or district court magistrate has signed the warrant may consist of an electronically or electromagnetically transmitted facsimile of the signed warrant or an electronic signature on a warrant transmitted over a computer network.” Id.
“If an oath or affirmation is orally administered by electronic or electromagnetic means of communication under [MCL 780.651], the oath or affirmation is considered to be administered before the judge or district court magistrate.” MCL 780.651(6).
“If an affidavit for a search warrant is submitted by electronic or electromagnetic means of communication, or a search warrant is issued by electronic or electromagnetic means of communication, the transmitted copies of the affidavit or search warrant are duplicate originals of the affidavit or search warrant and are not required to contain an impression made by an impression seal.” MCL 780.651(7).
See also the Michigan Judicial Institute’s checklist describing the process for electronically issuing a search warrant.