People v. Mierzejewski

I disagree with the *693majority’s conclusion that the prosecution in this case should be ordered to return certain forfeited property that had been seized from defendant when he and two other occupants of a motel room were arrested for possession with intent to deliver cocaine.

The majority has chosen to treat this case as a simple matter of a "promise” to return seized evidence. In so doing, they completely ignore two fundamental facts: (1) that the property involved had been the subject of administrative forfeiture proceedings, and (2) that defendant had relinquished his rights to the property…