REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961
600.4703 Order of seizure; seizure without process; order authorizing filing of lien notice; return of property to victim; property in custody of seizing agency; powers of seizing agency; disposition of seized money.
Sec. 4703.
(1) Personal property subject to forfeiture under this chapter may be seized pursuant to an order of seizure issued by the court having jurisdiction over the property upon a showing of probable cause that the property is subject to forfeiture.
(2) Personal property subject to forfeiture under this chapter may be seized without process under any of the following circumstances:
(a) The property is the proceeds of a crime or an instrumentality of a crime and the seizure is incident to a lawful arrest.
(b) The seizure is pursuant to a valid search warrant.
(c) The seizure is pursuant to an inspection under a valid administrative inspection warrant.
(d) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.
(e) Exigent circumstances exist that preclude the obtaining of a court order, and there is probable cause to believe that the property is the proceeds of a crime or an instrumentality of a crime.
(f) The property is the subject of a prior judgment in favor of this state in a forfeiture proceeding.
(3) The attorney general, or the prosecuting attorney or the city or township attorney for the local unit of government in which the property is located, may apply ex parte for an order authorizing the filing of a lien notice against real property subject to forfeiture under this chapter. The application shall be supported by a sworn affidavit setting forth probable cause for a forfeiture action pursuant to this chapter. An order authorizing the filing of a lien notice may be issued upon a showing of probable cause to believe that the property is the proceeds of a crime or the substituted proceeds of a crime.
(4) Property that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:
(a) If the property is contraband.
(b) If the ownership of the property is disputed until the dispute is resolved.
(c) If the property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, 1985 PA 87, MCL 780.754.
(5) Personal property seized under this chapter is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection (4) and sections 4705 to 4707, or to an order and judgment of the court having jurisdiction over the forfeiture proceedings. Except as provided in subsection (6), when property is seized under this chapter, the seizing agency may do either or both of the following:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(6) The seizing agency may deposit money seized under this chapter into an interest-bearing account in a financial institution. As used in this subsection, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.
History: Add. 1988, Act 104, Eff. June 1, 1988 ;-- Am. 2006, Act 128, Imd. Eff. May 5, 2006
REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961
600.4703 Order of seizure; seizure without process; order authorizing filing of lien notice; return of property to victim; property in custody of seizing agency; powers of seizing agency; disposition of seized money.
Sec. 4703.
(1) Personal property subject to forfeiture under this chapter may be seized pursuant to an order of seizure issued by the court having jurisdiction over the property upon a showing of probable cause that the property is subject to forfeiture.
(2) Personal property subject to forfeiture under this chapter may be seized without process under any of the following circumstances:
(a) The property is the proceeds of a crime or an instrumentality of a crime and the seizure is incident to a lawful arrest.
(b) The seizure is pursuant to a valid search warrant.
(c) The seizure is pursuant to an inspection under a valid administrative inspection warrant.
(d) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.
(e) Exigent circumstances exist that preclude the obtaining of a court order, and there is probable cause to believe that the property is the proceeds of a crime or an instrumentality of a crime.
(f) The property is the subject of a prior judgment in favor of this state in a forfeiture proceeding.
(3) The attorney general, or the prosecuting attorney or the city or township attorney for the local unit of government in which the property is located, may apply ex parte for an order authorizing the filing of a lien notice against real property subject to forfeiture under this chapter. The application shall be supported by a sworn affidavit setting forth probable cause for a forfeiture action pursuant to this chapter. An order authorizing the filing of a lien notice may be issued upon a showing of probable cause to believe that the property is the proceeds of a crime or the substituted proceeds of a crime.
(4) Property that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:
(a) If the property is contraband.
(b) If the ownership of the property is disputed until the dispute is resolved.
(c) If the property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, 1985 PA 87, MCL 780.754.
(5) Personal property seized under this chapter is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection (4) and sections 4705 to 4707, or to an order and judgment of the court having jurisdiction over the forfeiture proceedings. Except as provided in subsection (6), when property is seized under this chapter, the seizing agency may do either or both of the following:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(6) The seizing agency may deposit money seized under this chapter into an interest-bearing account in a financial institution. As used in this subsection, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.
History: Add. 1988, Act 104, Eff. June 1, 1988 ;-- Am. 2006, Act 128, Imd. Eff. May 5, 2006
REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961
600.4703 Order of seizure; seizure without process; order authorizing filing of lien notice; return of property to victim; property in custody of seizing agency; powers of seizing agency; disposition of seized money.
Sec. 4703.
(1) Personal property subject to forfeiture under this chapter may be seized pursuant to an order of seizure issued by the court having jurisdiction over the property upon a showing of probable cause that the property is subject to forfeiture.
(2) Personal property subject to forfeiture under this chapter may be seized without process under any of the following circumstances:
(a) The property is the proceeds of a crime or an instrumentality of a crime and the seizure is incident to a lawful arrest.
(b) The seizure is pursuant to a valid search warrant.
(c) The seizure is pursuant to an inspection under a valid administrative inspection warrant.
(d) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.
(e) Exigent circumstances exist that preclude the obtaining of a court order, and there is probable cause to believe that the property is the proceeds of a crime or an instrumentality of a crime.
(f) The property is the subject of a prior judgment in favor of this state in a forfeiture proceeding.
(3) The attorney general, or the prosecuting attorney or the city or township attorney for the local unit of government in which the property is located, may apply ex parte for an order authorizing the filing of a lien notice against real property subject to forfeiture under this chapter. The application shall be supported by a sworn affidavit setting forth probable cause for a forfeiture action pursuant to this chapter. An order authorizing the filing of a lien notice may be issued upon a showing of probable cause to believe that the property is the proceeds of a crime or the substituted proceeds of a crime.
(4) Property that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:
(a) If the property is contraband.
(b) If the ownership of the property is disputed until the dispute is resolved.
(c) If the property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, 1985 PA 87, MCL 780.754.
(5) Personal property seized under this chapter is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection (4) and sections 4705 to 4707, or to an order and judgment of the court having jurisdiction over the forfeiture proceedings. Except as provided in subsection (6), when property is seized under this chapter, the seizing agency may do either or both of the following:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(6) The seizing agency may deposit money seized under this chapter into an interest-bearing account in a financial institution. As used in this subsection, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.
History: Add. 1988, Act 104, Eff. June 1, 1988 ;-- Am. 2006, Act 128, Imd. Eff. May 5, 2006
