Banks v. Detroit Police Department

Plaintiff brought this action to recover property confiscated by defendant pursuant to a search warrant. Plaintiff moved for summary disposition on the complaint pursuant to MCR 2.116(0(10). The trial court denied plaintiff’s motion and granted summary disposition in favor of defendant. Plaintiff appeals, and we reverse in part and affirm in part.

Defendant’s police officers executed a search warrant on February 19, 1987, at plaintiff’s house. The search was conducted by the narcotics section in an effort to locate drugs and other related items. Over twenty items were seized for being within…