Terms Used In Michigan Laws 600.4703

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Crime: means committing, attempting to commit, conspiring to commit, or soliciting another person to commit any of the following offenses in connection with which the forfeiture of property is sought:
  (i) A violation of part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 600.4701
  • 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.
  • Instrumentality of a crime: means any property, other than real property, the use of which contributes directly and materially to the commission of a crime. See Michigan Laws 600.4701
  • judgment: as used in this act , includes decree. See Michigan Laws 600.112
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Proceeds of a crime: means any property obtained through the commission of a crime, including any appreciation in the value of the property. See Michigan Laws 600.4701
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • seal: shall be construed to include any of the following:
  •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  •   (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, the substituted 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 subject to forfeiture under this chapter.
      (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 subject to forfeiture under this chapter.
      (4) Property that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:
      (a) The property is contraband.
      (b) The ownership of the property is disputed until the dispute is resolved.
      (c) The property is required to be retained as evidence under 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 section 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.
      (7) Title to all property subject to forfeiture under this chapter vests in the plaintiff upon the commission of the conduct giving rise to forfeiture, together with the proceeds of the property after the property vests under this subsection. Any subsequent property transfer that occurs before the final disposition of the forfeiture proceeding is void against the plaintiff unless the transferee claims and establishes all of the following:
      (a) The transferee has an interest of record in the property.
      (b) The transferee purchased the property in good faith and for fair value.
      (c) The property interest was acquired without notice of the forfeiture proceeding or the facts that gave rise to the proceeding.