Legal Opinion
People v. One 1973 Pontiac Automobile
Michigan Court of Appeals
Decided June 19, 1978No. Docket 77-1907PublishedCited by 4 opinions
1Opinion of the CourtH. E. Deming, J.
This is an appeal as of right by the people from an order dismissing a proceeding pursuant to MCL 335.355; MSA 18.1070(55) for the forfeiture of a 1973 Pontiac automobile seized incident to a narcotics arrest. Dismissal was based on a finding that the statutory forfeiture provision unconstitutionally fails to provide the vehicle owner with procedural due process in that the statute contains no provision for notice and hearing in connection with the forfeiture of a vehicle.
A prior forfeiture statute, MCL 335.156; MSA 18.1126, was held unconstitutional for lack of due process provisions in…
2Cases cited6 opinions
- Specht v. PattersonSupreme Court of the United States · 1967
- Baxstrom v. HeroldSupreme Court of the United States · 1966
- Cady v. City of DetroitMichigan Supreme Court · 1939
- People v. McQuillanMichigan Supreme Court · 1974
- Sullivan v. Michigan State Board of DentistryMichigan Supreme Court · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Forfeiture of $53Michigan Court of Appeals · 1989
- People v. United States CurrencyMichigan Court of Appeals · 1986
- People v. WashingtonMichigan Court of Appeals · 1984
- Derrick v. City of DetroitMichigan Court of Appeals · 1988