Legal Opinion · Concurring in part, dissenting in part

In Re Forfeiture of One 1983 Cadillac

Michigan Court of Appeals

Decided April 3, 1989No. Docket 103961Published

1Concurring in part, dissenting in partWeaver, J.

part). While I agree with the majority’s finding that the 1983 Cadillac was a proper object for seizure and forfeiture, I cannot agree with the finding that the prosecutor failed to institute the forfeiture proceedings "promptly” as required by § 7523 of the controlled substances act.

This Court has upheld a delay of 2 Vi months between the time of seizure and the institution of forfeiture proceedings. People v One 1979 Honda Automobile, 139 Mich App 651; 362 NW2d 860 (1984). However, a 6Vi-month delay between seizure and institution of forfeiture proceedings was found excessive. Lenawee…

2Cases cited5 opinions

  1. Tuttle v. Department of State HighwaysMichigan Supreme Court · 1976
  2. People v. One 1979 Honda AutomobileMichigan Court of Appeals · 1984
  3. Department of Natural Resources v. ParishMichigan Court of Appeals · 1976
  4. People v. VandergriftMichigan Court of Appeals · 1981
  5. Lenawee Prosecutor v. One 1981 Buick Two-Door RivieraMichigan Court of Appeals · 1988

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