4.7Arrest of Person Having Custody of Prisoner

A.Warrant

“When the proof mentioned in [MCL 600.4337¹] is sufficient to justify an arrest of the person having the prisoner in his [or her] custody, as for a criminal offense committed in the taking or detaining of the prisoner, the warrant shall also contain an order for the arrest of such person for that offense.” MCL 600.4340.

B.Execution of Warrant

“Any officer or person to whom the warrant is directed shall execute the warrant by bringing the prisoner therein named, and the person who detains him [or her], if so commanded by the warrant, before the court or judge issuing the warrant.” MCL 600.4343. “The person detaining the prisoner shall make answer as if a writ of habeas corpus had been issued in the first instance.” Id.

C.Procedure

“If the person having the prisoner in his [or her] custody is brought before the court or judge, as for a criminal offense, he [or she] shall be examined, committed, bailed or discharged by the court or judge in the like manner as in other criminal cases of like nature.” MCL 600.4346.