What must occur when executing a search warrant according to MCL 780.655?

When executing a search warrant, it is critical to ensure that property seized during the search is tabulated in the presence of at least one other person. This requirement serves multiple purposes, primarily to maintain transparency, accountability, and integrity throughout the process. Documenting the items seized helps to establish a clear record that can be utilized in court proceedings. It also protects individuals’ rights by providing evidence that the seizure was conducted lawfully and that there is a verified account of the items taken.

This practice is essential in law enforcement to prevent disputes regarding the items taken and ensures that there is a witness to the execution of the search warrant. This witness can be a member of the public, a colleague, or another law enforcement officer, which helps safeguard against potential claims of misconduct or abuse of power.

In contrast, the other options do not align with the legal requirements and principles established for the execution of search warrants. Seizing property without witnesses could lead to questions about the legitimacy of the seizure, while failing to document items goes against the principles of proper evidence handling. Additionally, suggesting that only unlawfully obtained items need to be documented undermines the uniformity required in law enforcement practice, where all items seized under a warrant must be accounted for, regardless of their legality