Off Topic and a Chance for Relief

[William Anthony]

Originally Posted by Hipcheck View Post
You have got to be kidding me.

In jokes you will find truth.

[William Anthony]

This from a link supplied by a claim an arrest cannot be made unless there had been a report of stolen property and that prosecutor's issue arrest warrants.

http://207.74.121.45/prosecutor/faq.htm

"I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the Prosecutor's office?

Crimes are investigated by the police, not the Prosecutor. Crimes should be reported to the police department or other law enforcement agency that has jurisdiction where the crime occurred. For example, crimes occurring inside the City of Charlotte should be reported to the Charlotte Police Department. Likewise, crimes occurring within the boundaries of Eaton Rapids, Grand Ledge, Potterville, Olivet and Bellevue should be reported to their municipal police departments. If the crime was committed elsewhere inside Eaton County, or in an area where the Eaton County Sheriff is the contracting law enforcement agency (e.g., Delta Township), the crime should be reported to the Sheriff. You may also contact the Michigan State Police Department.

Once the initial investigation has been completed, the police department's report is filed with the Prosecuting Attorney. The Prosecutor reviewing the warrant request may send the case back to the police for further investigation. Ultimately, the reviewing Prosecutor decides what charge(s), if any, will be issued"

"The Prosecuting Attorney's office only authorizes a criminal complaint; the court authorizes an arrest warrant, and the police department that investigates the case has the responsibility to find and arrest the defendant. The Prosecuting Attorney's office may not know if an arrest warrant is still outstanding, because that information is known by the police and the court. The defendant (or anyone asking about whether a warrant is still open) must contact the police agency handling the case. That department may be able to answer the question."

However, I do understand the confusion when you look at this link supplied,

Police Make an Arrest (or Request a Warrant)
When a crime is committed in a police officer's presence --- or the officer has probable cause to believe that certain misdemeanors or any felony was committed that the officer did not see happen --- an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the Prosecuting Attorney, suggesting potential charges to be authorized. (notice that it is not an arrest warrant but a charging warrant)


Warrant/Charging Request Reviewed by Prosecuting Attorney
Most cases begin with a warrant request. This is generally the first time that the Prosecuting Attorney's office is involved in a case, unless a prosecutor reviewed a search warrant or visited the crime scene. At this stage, the Prosecutor determines whether a person should be charged with a crime and, if so, what the crime should be. The Prosecutor must thoroughly review all reports and records concerning the case, including witness statements. The Prosecutor also reviews the suspect's prior criminal or traffic record. Occasionally, the reviewing Prosecutor sends the case back to the police to conduct additional investigation.


Warrant Issued (notice this is after the warrant was issued and there is nothing in the link as to who issued the warrant. That information was supplied in the previous link).
The Prosecutor can issue a charge if he or she reasonably believes that probable cause exists that the suspect committed the offense. But, most reviewing Prosecutors apply a higher standard --- whether the charge can be proved beyond a reasonable doubt at trial with the information known at that time. "

[William Anthony]

"why is martin arguing over search warrants and bench warrants when those weren't what the discussion was? and why is william arguing over the 4th amendment and entering someone's home? Did I miss something?" By weezer

I guess you missed the post saying that it was the prosecution that issued arrest warrants and our post, showing it wasn't and that it would be unconstitutional if the prosecution did.

[weezer]

"why is martin arguing over search warrants and bench warrants when those weren't what the discussion was? and why is william arguing over the 4th amendment and entering someone's home? Did I miss something?" By weezer

I guess you missed the post saying that it was the prosecution that issued arrest warrants and our post, showing it wasn't and that it would be unconstitutional if the prosecution did.

wish you had taken the time to read the link I provided to Michigan law on those subjects.

The purpose of an arrest warrant is to bring the defendant to appear before the court on an accusation charged in a complaint. A complaint is the charging instrument which, once accepted by the court, formally sets forth the charge against the defendant and constitutes the basis for all further action to be taken by the court in the case. The complaint recites the substance of the accusation against the accused and may contain factual allegations establishing reasonable cause. (MCL 764.1d)

An arrest warrant is the order by the court to arrest a defendant and bring him or her before the court to answer to the charge alleged in the complaint and to be further dealt with according to law. (MCL 764.1b) An arrest warrant is required to arrest a person for a misdemeanor committed outside the presence of an officer, except for misdemeanors such as operating a vehicle, snowmobile, or ORV while under intoxicating liquor or a controlled substance, and domestic assault. (MCL 764.15[1][h]-[j], MCL 764.15a)

1. Except as otherwise indicated in statute, a police officer may issue a citation or an

appearance ticket (Uniform Law Citation, UC-01a) to a person who is arrested without a warrant for a misdemeanor or ordinance violation for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both. (MCL 257.728[1], MCL 764.9c)

An arrest warrant is not needed for a felony committed in the officer's presence or when the officer has reasonable cause to believe a felony was committed and reasonable cause to believe that the defendant committed the offense. (MCL 764.15[1][a])

3. An arrest warrant is not required if the accused has already been arrested without a

warrant (for a felony or misdemeanor). The complaint shall constitute both the complaint and warrant when the magistrate endorses upon the complaint a finding of probable cause and a direction to take the accused before a magistrate of the judicial district in which the offense is charged to have been committed. (MCL 764.1c) For more information, see Section 3.2.2, C.3, page 12.

Issuance of Arrest Warrant Upon Prosecutor Authorization
A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL 600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

The Supreme Court held that the requirement that the prosecuting attorney sign an order authorizing issuance of a warrant or that security for costs be filed should be strictly followed. (People v Holbrook, 373 Mich 94; 128 NW2d 484 [1964])

SCAO-Approved form DC 225, Complaint and Warrant, Misdemeanor, contains a small box in the lower left portion of the complaint for the prosecuting official's signature. If
the prosecutor's signature does not appear in this box, the court, except in very limited circumstances, has no authority to issue the warrant and should refer the complaining witness back to the prosecuting official to procure the required signature. (MCL 764.1[1], [2]) The Court of Appeals has affirmed that the magistrate's power to issue an arrest warrant is expressly dependent on the written authorization of the prosecuting attorney or the municipal attorney. (People v White, 167 Mich App 461, 465; 423 NW2d 255 [1988])

[William Anthony]

wish you had taken the time to read the link I provided to Michigan law on those subjects.

The purpose of an arrest warrant is to bring the defendant to appear before the court on an accusation charged in a complaint. A complaint is the charging instrument which, once accepted by the court, formally sets forth the charge against the defendant and constitutes the basis for all further action to be taken by the court in the case. The complaint recites the substance of the accusation against the accused and may contain factual allegations establishing reasonable cause. (MCL 764.1d)

An arrest warrant is the order by the court to arrest a defendant and bring him or her before the court to answer to the charge alleged in the complaint and to be further dealt with according to law. (MCL 764.1b) An arrest warrant is required to arrest a person for a misdemeanor committed outside the presence of an officer, except for misdemeanors such as operating a vehicle, snowmobile, or ORV while under intoxicating liquor or a controlled substance, and domestic assault. (MCL 764.15[1][h]-[j], MCL 764.15a)

1. Except as otherwise indicated in statute, a police officer may issue a citation or an

appearance ticket (Uniform Law Citation, UC-01a) to a person who is arrested without a warrant for a misdemeanor or ordinance violation for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both. (MCL 257.728[1], MCL 764.9c)

An arrest warrant is not needed for a felony committed in the officer's presence or when the officer has reasonable cause to believe a felony was committed and reasonable cause to believe that the defendant committed the offense. (MCL 764.15[1][a])

3. An arrest warrant is not required if the accused has already been arrested without a

warrant (for a felony or misdemeanor). The complaint shall constitute both the complaint and warrant when the magistrate endorses upon the complaint a finding of probable cause and a direction to take the accused before a magistrate of the judicial district in which the offense is charged to have been committed. (MCL 764.1c) For more information, see Section 3.2.2, C.3, page 12.

Issuance of Arrest Warrant Upon Prosecutor Authorization
A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL 600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney[/B] and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

The Supreme Court held that the requirement that the prosecuting attorney sign an order authorizing issuance of a warrant or that security for costs be filed should be strictly followed. (People v Holbrook, 373 Mich 94; 128 NW2d 484 [1964])

No matter how it is stated the court issues the warrant. It just means that a magistrate cannot issue a warrant at the request of a police officer. Thanks.

SCAO-Approved form DC 225, Complaint and Warrant, Misdemeanor, contains a small box in the lower left portion of the complaint for the prosecuting official's signature. If
the prosecutor's signature does not appear in this box, the court, except in very limited circumstances, has no authority to issue the warrant and should refer the complaining witness back to the prosecuting official to procure the required signature. (MCL 764.1[1], [2]) The Court of Appeals has affirmed that the magistrate's power to issue an arrest warrant is expressly dependent on the written authorization of the prosecuting attorney or the municipal attorney. (People v White, 167 Mich App 461, 465; 423 NW2d 255 [1988])

What is your point? However, thanks for proving my points and Martin's. The bold was added and changed for clarity.

[weezer]

What is your point? However, thanks for proving my points and Martin's. The bold was added and changed for clarity.

"No matter how it is stated the court issues the warrant. It just means that a magistrate cannot issue a warrant at the request of a police officer. Thanks."

who do you think the complaining witness is, william?

[William Anthony]

if you can't be honest, william, I have no desire to continue this dialogue.

I have been honest and your link only proves my and Martin's point. My computer will not allow me to copy section B of your link, "Authority and Definition". But, since you desire to be honest, why don't you copy it, please?

[William Anthony]

who do you think the complaining witness is, william?

The complaining witness would be the witness making the complaint against the person, be that a police officer or private citizen.

[William Anthony]

This is your link.

http://courts.michigan.gov/scao/reso...s/mag_sec3.pdf

B. Authority and Definitions
The code of criminal procedure states that magistrates may issue arrest warrants. (MCL
764.1) Magistrate is defined to include “district court judges, municipal court judges ….”
(MCL 761.1[f]) This definition does not limit the power of “… judges of courts of record
having jurisdiction of criminal cases under the code of criminal procedure to exercise in their
discretion the authority of magistrates.”

Eureka, I figured out how to copy it!!!!, smile. How's that for honesty?

"The definition of magistrate in MCL 761.1(f) does not include district court magistrates.
However, district court magistrates are given authority to issue arrest warrants by the
Revised Judicature Act. (MCL 600.8511[e])
The court has the power to issue a warrant only if presented with a proper complaint. (MCR"

[weezer]

The complaining witness would be the witness making the complaint against the person, be that a police officer or private citizen.

"No matter how it is stated the court issues the warrant. It just means that a magistrate cannot issue a warrant at the request of a police officer. Thanks."

The court has the power to issue a warrant only if presented with a proper complaint. (MCR 6.102[A])

A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL
600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

[weezer]

B. Signature Requirements
The complaining witness must swear that the information in the complaint is true and accurate to the best of his or her knowledge, information and belief. If the magistrate is taking the testimony, the complaining witness must sign the complaint in his or her presence. The magistrate must date the complaint and sign his or her name. (MCL 600.8511[e])

Hipcheck's post: I am not mistaken. All Prosecutors in the State of Michigan issue warrants. Once you get a warrant from the Prosecutor it is then brought before a magistrate where it is signed.

[William Anthony]

"No matter how it is stated the court issues the warrant. It just means that a magistrate cannot issue a warrant at the request of a police officer. Thanks."

The court has the power to issue a warrant only if presented with a proper complaint. (MCR 6.102[A])

A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL
600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

Look again at who has the power to issue a warrant. Show me anywhere it says as you or hipcheck allege that the power to issue an arrest warrant is given to the prosecution. I think there was also some confusion as to who signs an arrest warrant.

"B. Signature Requirements
The complaining witness must swear that the information in the complaint is true and accurate to the best of his or her knowledge, information and belief. If the magistrate is taking the testimony, the complaining witness must sign the complaint in his or her presence.The magistrate must date the complaint and sign his or her name. (MCL 600.8511[e])

[William Anthony]

B. Signature Requirements
The complaining witness must swear that the information in the complaint is true and accurate to the best of his or her knowledge, information and belief. If the magistrate is taking the testimony, the complaining witness must sign the complaint in his or her presence. The magistrate must date the complaint and sign his or her name. (MCL 600.8511[e])

Hipcheck's post: I am not mistaken. All Prosecutors in the State of Michigan issue warrants. Once you get a warrant from the Prosecutor it is then brought before a magistrate where it is signed.

The Complaint is brought before the judge and must be signed just as an affidavit of probable cause would be, not the arrest warrant.

[William Anthony]

"1. Finding of Probable Cause
a. Pursuant to MCL 764.1a(2), the court may make a finding of probable cause to issue
a warrant based on hearsay evidence and the factual allegations contained in:
$ the complaint,
$ the affidavits from the complainant or others,
$ the testimony of a sworn witness, adequately preserved to permit review, or
$ any combination of these sources.

[weezer]

SNIPPED***Look again at who has the power to issue a warrant. Show me anywhere it says as you or hipcheck allege that the power to issue an arrest warrant is given to the prosecution. . .

Issuance of Arrest Warrant Upon Prosecutor Authorization

A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL
600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

[William Anthony]

B. Signature Requirements
The complaining witness must swear that the information in the complaint is true and accurate to the best of his or her knowledge, information and belief. If the magistrate is taking the testimony, the complaining witness must sign the complaint in his or her presence. The magistrate must date the complaint and sign his or her name. (MCL 600.8511[e])

Hipcheck's post: I am not mistaken. All Prosecutors in the State of Michigan issue warrants. Once you get a warrant from the Prosecutor it is then brought before a magistrate where it is signed.

Thanks again.

"3.2.2 Warrant
A. Contents
1. With the exception of subsection (D), MCR 6.102 applies only to felony cases.
However, absent a similar rule for misdemeanor cases, it provides guidance regarding
the contents of a misdemeanor warrant. MCR 6.102(C) provides that the warrant must:
a. contain the name of the accused, if known, or an identifying name or description,
b. describe the offense charged in the complaint,
c. command a peace officer or other person authorized by law to arrest and bring the
accused before a judicial officer of the judicial district in which the offense allegedly
was committed or some other designated court, and
d. be signed by the court.
2. For warrants on misdemeanor charges, MCL 764.1b requires that the warrant:
a. be directed to a peace officer,
b. should order the officer to immediately arrest the accused and take the person,
without unnecessary delay, before a magistrate of the judicial district in which the
offense is charged to have been committed, and
c. direct that the warrant, along with a proper return noted on the warrant, be delivered
to the magistrate before whom the arrested person is taken.
3. MCR 6.102(D) authorizes a court to specify on the warrant the interim bail an accused
may post. For further discussion of interim bail, see Section 3.2.3."

[William Anthony]

Issuance of Arrest Warrant Upon Prosecutor Authorization

A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL
600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

Ah, here is where learning to read the law is of particular benefit. A magistrate may not issue warrants for the arrest of persons charge with a felony...(meaning a magistrate may issue a warrant, if he/she receives) an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney. Ergo, the prosecuting attorney cannot issue a warrant or there would be no need to go to the magistrate. Thanks.

Did you forget this?

B. Authority and Definitions
The code of criminal procedure states that magistrates may issue arrest warrants. (MCL
764.1) Magistrate is defined to include “district court judges, municipal court judges ….”
(MCL 761.1[f]) This definition does not limit the power of “… judges of courts of record
having jurisdiction of criminal cases under the code of criminal procedure to exercise in their
discretion the authority of magistrates.”

"The definition of magistrate in MCL 761.1(f) does not include district court magistrates.
However, district court magistrates are given authority to issue arrest warrants by the
Revised Judicature Act. (MCL 600.8511[e])
The court has the power to issue a warrant only if presented with a proper complaint. (MCR"

When one reads things in their entire context it is easy to see that a magistrate's power to issue warrants is limited as is a court of record (trial court). However, the power of the magistrate is more limited than the court of record, since the court of record only requires a proper complaint. However, it is painstakingly clear that the court is the only one with the power to issue an arrest warrant. Show me anywhere it says as you or hipcheck allege that the power to issue an arrest warrant is given to the prosecution?

[weezer]

Ah, here is where learning to read the law is of particular benefit. A magistrate may not issue warrants for the arrest of persons charge with a felony...(meaning a magistrate may issue a warrant, if he/she receives) an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney. Ergo, the prosecuting attorney cannot issue a warrant or there would be no need to go to the magistrate. Thanks.

Did you forget this?

B. Authority and Definitions
The code of criminal procedure states that magistrates may issue arrest warrants. (MCL
764.1) Magistrate is defined to include “district court judges, municipal court judges ….”
(MCL 761.1[f]) This definition does not limit the power of “… judges of courts of record
having jurisdiction of criminal cases under the code of criminal procedure to exercise in their
discretion the authority of magistrates.”

"The definition of magistrate in MCL 761.1(f) does not include district court magistrates.
However, district court magistrates are given authority to issue arrest warrants by the
Revised Judicature Act. (MCL 600.8511[e])
The court has the power to issue a warrant only if presented with a proper complaint. (MCR"

When one reads things in their entire context it is easy to see that a magistrate's power to issue warrants is limited as is a court of record (trial court). However, the power of the magistrate is more limited than the court of record, since the court of record only requires a proper complaint. However, it is painstakingly clear that the court is the only one with the power to issue an arrest warrant. Show me anywhere it says as you or hipcheck allege that the power to issue an arrest warrant is given to the prosecution?

Issuance of Arrest Warrant Without Prosecutor Authorization

The magistrate has authority to issue a warrant without prosecutor authorization if a police officer issued a citation pursuant to MCL 257.728 (traffic misdemeanor) and the defendant failed to appear for that citation. (MCL 600.8511[e]) A citation is considered a complaint as defined by MCL 257.727c. See also MCL 257.728e.

The magistrate also has authority to issue a warrant without prosecutor authorization when a warrant for a minor offense is requested by: (1) agents of the Department of Transportation, a county road commission, or Public Service Commission for violations of the Motor Carrier Act; or (2) DNR conservation officers for violation of a law which provides for the protection of wild game and fish. (MCL 764.1[2][b])

[weezer]

SNIPPED***However, it is painstakingly clear that the court is the only one with the power to issue an arrest warrant. Show me anywhere it says as you or hipcheck allege that the power to issue an arrest warrant is given to the prosecution?

Issuance of Arrest Warrant Upon Prosecutor Authorization

A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL
600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

[weezer]

Originally Posted by William Anthony
SNIPPED***However, it is painstakingly clear that the court is the only one with the power to issue an arrest warrant. Show me anywhere it says as you or hipcheck allege that the power to issue an arrest warrant is given to the prosecution?

The Supreme Court held that the requirement that the prosecuting attorney sign an order authorizing issuance of a warrant or that security for costs be filed should be strictly followed. (People v Holbrook, 373 Mich 94; 128 NW2d 484 [1964])

[William Anthony]

Issuance of Arrest Warrant Upon Prosecutor Authorization

A district court magistrate has the statutory authority to issue warrants for the arrest of a person upon written authority of the prosecuting or municipal attorney. (MCL
600.8511[e]) A magistrate may not issue warrants for the arrest of persons charged with a felony, misdemeanor or ordinance violation other than a minor offense until receiving an order in writing authorizing issuance of the warrant which is signed by the prosecuting attorney and filed with the magistrate, or unless security for costs is filed with the magistrate, or unless the offense is one referred to in MCL 764.1(2)(a) and (b) (see item 2. below). (MCR 6.101[C], MCL 764.1[1], [2]) Minor offense is a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00. (MCL 761.1[k])

I have asked you repeatedly to show me anywhere it says that the prosecution issues a an arrest warrant and you have provided me with two different sentences indicating that it is the magistrate/court that issues arrest warrants, in one case without authorization of the prosecution and in the other with it. However, it is clear that you were mistaken. I think that there was some searching and this link was found and some misreading of what was in the link that caused you and others to make some misrepresentations. By the way, happy mother's day to you and the rest of the mothers. I will copy and paste the two aforementioned sentences.

"A district court magistrate has the statutory authority to issue warrants...

"A magistrate may not issue warrants...

Show me anywhere in your link where it states the prosecution can, may, has statutory to issue (not give an order authorizing the issuance of, but actually issuing as was your and the claim of others). Thanks.

[weezer]

everything about the arrest warrant Hipcheck said is exactly what is in Michigan law just as he stated.

[William Anthony]

Originally Posted by William Anthony
SNIPPED***However, it is painstakingly clear that the court is the only one with the power to issue an arrest warrant. Show me anywhere it says as you or hipcheck allege that the power to issue an arrest warrant is given to the prosecution?

The Supreme Court held that the requirement that the prosecuting attorney sign an order authorizing issuance of a warrant or that security for costs be filed should be strictly followed. (People v Holbrook, 373 Mich 94; 128 NW2d 484 [1964])

"Sign an order authorizing the issuance of", not issuing. There are procedures to be followed before the court or magistrate can issue a warrant.

[William Anthony]

everything about the arrest warrant Hipcheck said is exactly what is in Michigan law just as he stated.

Only in your world. A charging complaint is not an arrest warrant and the officer is required to sign the charging complaint. The court determines whether probable cause exists not the prosecution. Hipcheck said an arrest is made and then the prosecution determines if there is enough evidence to seek an arrest warrant.

Let me say that I am anticipating your next post and have part of the response ready.

[weezer]

SNIPPED****I have asked you repeatedly to show me anywhere it says that the prosecution issues a an arrest warrant . . .Show me anywhere in your link where it states the prosecution can, may, has statutory to issue (not give an order authorizing the issuance of, but actually issuing as was your and the claim of others). Thanks.

and, in this instance, I believe YOUR misunderstanding of the words used is the crux of your confusion.

Main Entry: is·sue
Pronunciation: 'i-shü
Function: verb
Inflected Forms: is·sued; is·su·ing
intransitive verb 1 : ACCRUE issuing from the sale of the stock>
2 : to become available or be put forth by authority issue> transitive verb : to put forth or distribute usually officially <issue a subpoena> <issue bonds> <issue credit> —is·su·er noun

Main Entry: au·thor·i·ty
Function: noun
Inflected Form: plural -ties
1 : an official decision of a court used esp. as a precedent
2 a : a power to act esp. over others that derives from status, position, or office authority of the president>; also : JURISDICTION b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) authority> authority and purposes before entering —National Law Journal> c : power and capacity to act granted by someone in a position of control; specifically : the power to act granted by a principal to his or her agent.

you are right, william: In the State of Michigan, the Court does process/issue the paperwork. where you are wrong is in who has the authority to direct the court to process/issue the warrant.

[Hipcheck]

This is getting ricdiculous. Why is it that every time I post I get attacked by both Martin and William. It's time to move on as I'm done arguing about warrants.

[William Anthony]

"C. Return on Arrest Warrant
1. Responsibility of Executing Officer
The return on an arrest warrant is a certificate of the executing officer which states the
manner in which it was executed. On execution or attempted execution of the warrant,
the executing officer must sign the return and give it to the issuing magistrate after
making the arrest and presenting the defendant to the court.
For out-of-district arrests, the court policy may vary. Usually, the arresting agency will
notify the agency holding the warrant to have it removed from LEIN. The court will
then followup on the warrant from the issuing agency if the warrant has not been
returned to the court."

I anticipated the argument that hipcheck said the arrest is made and then the warrant is sought, when one misreads the following, which is why I placed the above first.

3. Warrantless Arrest
When arresting a person, without a warrant, the officer making the arrest must inform
the person arrested of his authority and the cause of the arrest, except when the person
arrested is engaged in the commission of a criminal offense or if the person flees or
forcibly resists arrest before the officer has time to inform him. The return should be
completed after the fact and endorsed that the defendant is in custody. This endorsed
warrant is prima facie evidence of the legality of the arrest and the officer’s compliance
with statutory requirements. (MCL 764.19) The original arrest warrant must be signed
by the officer even though the person is already in custody. Otherwise, the arrest
warrant should not be issued.

You see that this is not about a officer arresting someone that is in the act of committing a crime but where he sees someone he believes has an arrest warrant on him and makes the arrest. Hence, the talk about the return and the original arrest warrant, which contradicts the posted scenario that violated citizens Fourth Amendment rights.

[weezer]

This is getting ricdiculous. Why is it that every time I post I get attacked by both Martin and William. It's time to move on as I'm done arguing about warrants.

I, and I believe others, have taken note of their personal attacks on you. Sometimes it is more important to some folk to be 'right' than to be 'correct.' And when the folk you're debating with can't be honest, it's a hopeless cause. I'm with you, time to move on. See you on the other thread.

[William Anthony]

This is getting ricdiculous. Why is it that every time I post I get attacked by both Martin and William. It's time to move on as I'm done arguing about warrants.

I thought we had reached an agreement. Correct me, if I am mistaken? I started this thread pursuant to the moderator's suggestion. I am not attacking you but I am questioning the accuracy of your post and putting up the law that is inconsistent with your post and that is because an arrest is a legal thing. I am sorry that you take it as an attack, when I take it as a learning experience. Of course, you need not respond to any post.

[William Anthony]

and, in this instance, I believe YOUR misunderstanding of the words used is the crux of your confusion.

Main Entry: is·sue
Pronunciation: 'i-shü
Function: verb
Inflected Forms: is·sued; is·su·ing
intransitive verb 1 : ACCRUE issuing from the sale of the stock>
2 : to become available or be put forth by authority issue> transitive verb : to put forth or distribute usually officially <issue a subpoena> <issue bonds> <issue credit> —is·su·er noun

Main Entry: au·thor·i·ty
Function: noun
Inflected Form: plural -ties
1 : an official decision of a court used esp. as a precedent
2 a : a power to act esp. over others that derives from status, position, or office authority of the president>; also : JURISDICTION b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) authority> authority and purposes before entering —National Law Journal> c : power and capacity to act granted by someone in a position of control; specifically : the power to act granted by a principal to his or her agent.

you are right, william: In the State of Michigan, the Court does process/issue the paperwork. where you are wrong is in who has the authority to direct the court to process/issue the warrant.

No, confusion on my part as your link clearly states it is the court or magistrates that issue warrants, regardless of how you try to change it.

[weezer]

No, confusion on my part as your link clearly states it is the court or magistrates that issue warrants, regardless of how you try to change it.

I wasn't changing it, william. It suffices to say that using your logic/interpretation, my admin 'issues' my memos.

[William Anthony]

I wasn't changing it, william. It suffices to say that using your logic/interpretation, my admin 'issues' my memos.

Why weezer, it is the logic of your own link that you are questioning, not mine. This is from your link.

Did you forget this?

"B. Authority and Definitions
The code of criminal procedure states that magistrates may issue arrest warrants. (MCL
764.1) Magistrate is defined to include “district court judges, municipal court judges ….”
(MCL 761.1[f]) This definition does not limit the power of “… judges of courts of record
having jurisdiction of criminal cases under the code of criminal procedure to exercise in their
discretion the authority of magistrates.”

"The definition of magistrate in MCL 761.1(f) does not include district court magistrates.
However, district court magistrates are given authority to issue arrest warrants by the
Revised Judicature Act. (MCL 600.8511[e])
The court has the power to issue a warrant only if presented with a proper complaint. (MCR"

Did you forget and are you saying that those who wrote the Michigan law did not know who was issuing the arrest warrants, smile?

[weezer]

I know, I know, I said I was done but here is just one last thing and then I'm on to better things:

http://courts.michigan.gov/scao/cour...inal/mc200.pdf

I think it's interesting to note that

1. the 'Complaint' is the 'warrant'
2. the 'Complaining Witness' (LE) does sign the document in front of the judge/magistrate/clerk
3. the issue of the 'Warrant' is authorized by the Prosecuting Official
4. the judge/magistrate issues the 'warrant'

[William Anthony]

I know, I know, I said I was done but here is just one last thing and then I'm on to better things:

http://courts.michigan.gov/scao/cour...inal/mc200.pdf

I think it's interesting to note that

1. the 'Complaint' is the 'warrant'
2. the 'Complaining Witness' (LE) does sign the document in front of the judge/magistrate/clerk
3. the issue of the 'Warrant' is authorized by the Prosecuting Official
4. the judge/magistrate issues the 'warrant'

This is too funny. This is from your previous link.

"3.2.1 Complaint
The complaint is a necessary prerequisite to a criminal prosecution, except where an indictment has been returned by a grand jury or by a judicial officer acting in the capacity of a grand juror pursuant to statute. (MCL 764.1d, People v O’Hara, 278 Mich 281, 293; 270 NW 298 [1936])" That is not an arrest warrant. You now admit, "4. the judge/magistrate issues the 'warrant'", not the complaint. I think it is time to move on before a circle is made to wide to have only 360 degrees.

[weezer]

This is too funny. This is from your previous link.

"3.2.1 Complaint
The complaint is a necessary prerequisite to a criminal prosecution, except where an indictment has been returned by a grand jury or by a judicial officer acting in the capacity of a grand juror pursuant to statute. (MCL 764.1d, People v O’Hara, 278 Mich 281, 293; 270 NW 298 [1936])" That is not an arrest warrant. You now admit, "4. the judge/magistrate issues the 'warrant'", not the complaint. I think it is time to move on before a circle is made to wide to have only 360 degrees.

I rest my case.
BTW: it's 'too' wide

[William Anthony]

I know, I know, I said I was done but here is just one last thing and then I'm on to better things:

http://courts.michigan.gov/scao/cour...inal/mc200.pdf

I think it's interesting to note that

1. the 'Complaint' is the 'warrant'
2. the 'Complaining Witness' (LE) does sign the document in front of the judge/magistrate/clerk
3. the issue of the 'Warrant' is authorized by the Prosecuting Official
4. the judge/magistrate issues the 'warrant'

This is from your above link, notice who signs the arrest warrant.

"Upon examination of the complaining witness, I find that the offense charged was committed and that there is probable cause to believe that defendant committed the offense. THEREFORE, IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN, I order you to arrest and bring defendant before the District Court immediately.The defendant may be released before arraignment if $ is posted as interim bail by .
(SEAL)
See return on reverse side.
Date
Date Judge/Magistrate"

The prosecution drafts a complaint and attaches a boilerplate arrest warrant form for the judge to sign, not the complaining witness, who signs the complaint and not the arrest warrant. This is just getting hysterical.
I guess we now know who drafts and who issues the arrest warrant. Thanks.

[William Anthony]

I rest my case.
BTW: it's 'too' wide

You need to rest your case, as it is too heavy to be supported logically by your head and shoulders.

[Hipcheck]

William

You were looking to start trouble when you asked me if I had been a police officer in Australia. Of course Martin had to add fuel to the fire when he responded by saying Australia but not a police officer plus he's got to add his hahahahas t his posts.

[William Anthony]

William

You were looking to start trouble when you asked me if I had been a police officer in Australia. Of course Martin had to add fuel to the fire when he responded by saying Australia but not a police officer plus he's got to add his hahahahas t his posts.

No, I was just wondering where you were a police officer as your post reflected things that, as by various links, were unconstitutional and not in line with how things are done in America, as evidenced by the links supplied on the Michigan procedure for obtaining arrest warrants.

[Hotwater]

Report post feature has not been working for the past 48 hours. Please PM me with the thread title and post # if you need to report a post.

Thank you
HW