In Re Forfeiture of One 1983 Cadillac
Michigan Court of Appeals
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
- Tuttle v. Department of State HighwaysMichigan Supreme Court · 1976
- People v. One 1979 Honda AutomobileMichigan Court of Appeals · 1984
- Department of Natural Resources v. ParishMichigan Court of Appeals · 1976
- People v. VandergriftMichigan Court of Appeals · 1981
- Lenawee Prosecutor v. One 1981 Buick Two-Door RivieraMichigan Court of Appeals · 1988