Department of Treasury v. Recorder's Court Judge

Plaintiffs filed complaints for su*652perintending control on November 21, 1978, and November 27, 1978, respectively. The issue presented is whether a Recorder’s Court judge can order property returned to a criminal defendant upon determination that the property was illegally seized, where the Michigan Department of Treasury has previously issued a jeopardy assessment on the property.

The facts are as follows. On October 26, 1978, John Patrick Withers was driving an automobile when he was stopped by the Detroit police for speeding. After struggling with the officers, Withers was arrested for…