(1) Except as otherwise provided in subsection (2), collectible currency and currency shall be returned to the legal owner when the law enforcement agency is reasonably satisfied of that ownership. Pursuant to section 5, if the legal owner cannot be located or established, the property shall be disposed of pursuant to this act.
  (2) All contraband that is or may be evidence and any other found property that is or may be evidence in a criminal or civil action instituted by a governmental attorney shall be kept in a place of safekeeping until the governmental attorney releases the evidence. All contraband shall be disposed of in a manner prescribed by law. Any found property that is evidence that is not contraband shall be returned to the legal owner unless prohibited by law. If the legal owner cannot be located, the property shall be classified as prescribed in section 2(2) and shall be disposed of pursuant to this act.

Terms Used In Michigan Laws 434.24

  • Collectible currency: means a medium of exchange including coins, bank notes, government notes, and paper money that has a value greater than face value. See Michigan Laws 434.21
  • Contraband: means any property that is prohibited by any law to be owned, carried, concealed, or possessed. See Michigan Laws 434.21
  • Currency: means a medium of exchange including coins, bank notes, government notes, and paper money that has a value not greater than face value. See Michigan Laws 434.21
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence: means any property that furnishes or tends to furnish proof in a legal matter. See Michigan Laws 434.21
  • Hazardous material: means explosives, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, poisonous gas, poisonous liquid, irritating material, etiologic material, radioactive material, corrosive material, or liquefied petroleum gas. See Michigan Laws 434.21
  • Junk: means any property that does not have any fair market value or worth. See Michigan Laws 434.21
  • Legal owner: means any individual, organization, partnership, company, corporation, or governmental agency who had care, custody, or control over the property and can establish ownership to the satisfaction of the law enforcement agency by description, title, sales receipt, bill of goods, or other means. See Michigan Laws 434.21
  • Perishable property: means any property subject to quick deterioration or spoilage except when maintained under proper conditions. See Michigan Laws 434.21
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Property: means anything which is the subject of ownership and is corporeal, tangible, visible, or personal, or that has an exchange value. See Michigan Laws 434.21
  • Property of major value: means any property that is not collectible currency, contraband, currency, evidence, hazardous material, junk, perishable property, or property of minor value. See Michigan Laws 434.21
  • Property of minor value: means any property whose fair market value is less than the total cost of preparing a property report, plus the costs of storage and disposition, and which is not collectible currency, contraband, currency, evidence, hazardous material, junk, perishable property, or property of major value. See Michigan Laws 434.21
  (3) When the legal owner of the hazardous material cannot be located or established or the hazardous material may pose an imminent danger to life or other property, then the hazardous material may be released to any governmental agency, private industry, institution, business, or person that can safely keep or dispose of the hazardous material and the container.
  (4) Found property that is determined to be junk may be disposed of in any manner by the law enforcement agency.
  (5) Upon the conclusion of a criminal or civil action instituted by a governmental attorney, evidence may be returned to the legal owner unless prohibited by law or the evidence is required in another court action. If the legal owner cannot be located, the law enforcement agency shall classify the property as prescribed in section 2(2) and dispose of it pursuant to this act.
  (6) Perishable property shall be released to the legal owner of the property. Pursuant to section 5, if the legal owner cannot be located or established, the property shall be disposed of pursuant to this act.
  (7) All property of major value shall be returned to the legal owner when the law enforcement agency is reasonably satisfied of that ownership. If the legal owner is not located and after 6 months from the date of the notice as prescribed in section 5, the property shall be disposed of pursuant to this act.
  (8) All property of minor value shall be returned to the legal owner when the law enforcement agency is reasonably satisfied of that ownership. If after 3 months the property has not been claimed by the legal owner, the property may be disposed of in any manner by the law enforcement agency.
  Previous section
Next section  
 Act 273 of 1987 Contents