Legal Opinion

In Re Forfeiture of $15,232

Michigan Court of Appeals

Decided May 22, 1990No. Docket 119016PublishedCited by 5 opinions

1Per curiam

Claimant Michael Rieckman appeals as of right from an order of forfeiture entered following a bench trial. We reverse.

At the trial resulting in the forfeiture of claimant’s money, the trial judge, over objection, allowed as evidence several hearsay statements inadmissible under the rules of evidence. The trial court’s ruling that hearsay is admissible in forfeiture proceedings was based on In re Forfeiture of One 1985 Mercedes Benz, 174 Mich App 203, 205; 435 NW2d 426 (1988), where a panel of this Court stated:

[FJederal courts have held that hearsay is admissible to prove probable cause in a…

2Cases cited5 opinions

  1. In Re Forfeiture of $53Michigan Court of Appeals · 1989
  2. People v. United States CurrencyMichigan Court of Appeals · 1986
  3. In Re Forfeiture of United States CurrencyMichigan Court of Appeals · 1988
  4. In re Forfeiture of $10,780Michigan Court of Appeals · 1989
  5. In Re Forfeiture of One 1985 Mercedes BenzMichigan Court of Appeals · 1988

3Cited by5 opinions

  1. United States v. Certain Real Property 566 Hendrickson Boulevard, Clawson, Oakland County, Michigan, Leonard Willis, Claimant-AppellantCourt of Appeals for the Sixth Circuit · 1993
  2. In re Forfeiture of $25,505Michigan Court of Appeals · 1996
  3. People v. EverardMichigan Court of Appeals · 1997
  4. In Re Forfeiture of 301 Cass StreetMichigan Court of Appeals · 1992
  5. People v. MierzejewskiMichigan Court of Appeals · 1995

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