Michigan Compiled Laws
328-1931-LXXXII - Chapter LXXXII Telegraph and Telephone (750.539...750.540h)
Section 750.540d - Seizure of Devices, Plans, Instructions, or Materials.

Sec. 540d.
Any telecommunications access device, unlawful telecommunications access device, plans, instructions, or materials described in section 540c may be seized under warrant or incident to a lawful arrest. Upon conviction of a person for violation of section 540c, all of the following apply to the telecommunications device, counterfeit telecommunications device, plans, instructions, or materials involved in the violation that are seized under this section:
(a) The telecommunications access device or materials shall be returned to the lawful owner of that device or materials unless he or she was convicted of the violation or had prior actual knowledge of and consented to the violation or unless the lawful owner cannot be determined or located.
(b) The unlawful telecommunications access device, plans, or instructions and any telecommunications access device or materials not required to be returned to the lawful owner under subdivision (a) may be destroyed as contraband by the seizing law enforcement agency or retained and used by the seizing law enforcement agency for law enforcement purposes.
(c) Any telecommunications access device or materials not required to be returned to the lawful owner under subdivision (a) may be turned over by the seizing law enforcement agency to the telecommunications service provider in the territory in which the seizure occurred.
History: Add. 1966, Act 75, Eff. Mar. 10, 1967 ;-- Am. 1996, Act 329, Eff. Apr. 1, 1997 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 750 - Michigan Penal Code

Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)

328-1931-LXXXII - Chapter LXXXII Telegraph and Telephone (750.539...750.540h)

Section 750.539 - Divulging Contents of Messages.

Section 750.539a - Definitions.

Section 750.539b - Trespassing for Purpose of Eavesdropping or Surveillance.

Section 750.539c - Eavesdropping Upon Private Conversation.

Section 750.539d - Installation, Placement, or Use of Device for Observing, Recording, Transmitting, Photographing or Eavesdropping in Private Place.

Section 750.539e - Use or Divulgence of Information Unlawfully Obtained.

Section 750.539f - Unlawful Manufacture, Possession or Transfer of Eavesdropping Devices.

Section 750.539g - Exceptions.

Section 750.539h - Civil Remedies.

Section 750.539i - Proof of Installation of Device as Prima Facie Evidence of Violation.

Section 750.539j - Surveillance of or Distribution, Dissemination, or Transmission of Recording, Photograph, or Visual Image of Individual Having Reasonable Expectation of Privacy; Prohibited Conduct; Violation as Felony; Penalty; Exceptions; “Survei...

Section 750.539k - Personal Identifying Information; Prohibited Conduct; Exception; Violation as Felony; Penalty; Definitions.

Section 750.539l - Tracking Device; Placement or Installment on Motor Vehicle Without Consent; Violation as Misdemeanor; Penalty; Exemptions; Inapplicability of Subsection (2)(j); Liability for Damages; Definitions.

Section 750.540 - Use of Electronic Medium of Communication; Prohibited Conduct; Violation as Felony; Penalty; Definitions.

Section 750.540a - Party Line, Emergency, Defined; Refusal to Yield or Surrender Use of Line; Pretext; Penalty.

Section 750.540b - Notice Contained in Telephone Directory, Printing; Exception.

Section 750.540c - Prohibited Conduct With Regard to Telecommunications Access Device; “Materials” Defined; Violation as Felony; Penalty; Amateur Radio Service; Forfeiture; Order; Definitions.

Section 750.540d - Seizure of Devices, Plans, Instructions, or Materials.

Section 750.540e - Malicious Use of Service Provided by Telecommunications Service Provider.

Section 750.540f - Telecommunications Access Device; Use in Violation of MCL 750.219a; Misdemeanor; Violation of Subsection (1) and Previous Conviction as Felony; Prior Conviction; Definitions.

Section 750.540g - Telecommunications Service; Unauthorized Use by Officer, Shareholder, Partner, Employee, Agent, or Independent Contractor; Use in Separate Incidents Pursuant to Scheme or Course of Conduct; Enhanced Sentence Based on Prior Convicti...

Section 750.540h - Intent to Permit or Obtain Unauthorized Receipt of Telecommunications Service.