State Ex Rel Wayne Prosecuting Attorney v. Moceri

Defendants were arrested on February 4, 1971 on gambling charges. Their automobiles were subsequently confiscated as nuisances and sold at public auction, pursuant to MCLA 600.3825; MSA 27A.3825. They appeal by right the order of abatement, under which their , automobiles were sold.

Defendants allege that the proceedings confiscating their automobiles amounted to a deprivation of due process of law in that the defendants, by exercising certain constitutional rights, such as the privilege against self-incrimination, could not properly defend in this civil suit. In the preliminary argument prior…