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Notice Of Seizure Of Personal Property Subject To Forfeiture Without Process And Order DC 40 - Michigan
| Notice Of Seizure Of Personal Property Subject To Forfeiture Without Process And Order Form. This is a Michigan form and can be used in Forfeiture Statewide . |
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Original - Court 2nd copy - Defendant/Attorney Approved, SCAO 1st copy - Plaintiff/Attorney 3rd copy - Seizing agency STATE OF MICHIGAN NOTICE OF SEIZURE OF CASE NO. JUDICIAL DISTRICT PERSONAL PROPERTY SUBJECT TO FORFEITURE WITHOUT PROCESS AND ORDER Court address Court telephone no. The State of Michigan Defendants name, address, and telephone no. THE PEOPLE OF v NOTICE attorney general prosecuting attorney 1. I am the city/township attorney for and I state:2. The following personal property was seized Description .3. The property was seized at . Location 4. The owner of the property is believed to be . Name (type or print) 5. The property was seized without process because a. it is the proceeds of a crime or instrumentality of a crime and was seized incident to a lawful arrest. b. the seizure is pursuant to a valid search warrant. c. the seizure is pursuant to a valid inspection warrant. d. there is probable cause to believe the property is directly or indirectly dangerous to public health or safety. e. exigent circumstances exist and there is probable cause to believe that the property is the proceeds of a crime or an instrumentality of a crime. f. the property is subject to a prior judgment in favor of the state in a prior forfeiture proceeding. 6. It is believed a. the property is contraband. b. the ownership of the property is disputed. c. the property is required to be held as evidence. Date Signature Name (type or print) ORDER 3. THE COURT FINDS seizure of the property without process was appropriate inappropriate for the following reasons: IT IS ORDERED: 7. The property described above shall remain under seal in the custody of the seizing agency Name and location . 8. The property described above shall be removed and stored at Location . 9. The property described above shall be returned promptly to . Name (type or print) Date Judge Bar no.DC 40 (4/89) NOTICE OF SEIZURE OF PERSONAL PROPERTY SUBJECT TO FORFEITURE WITHOUT PROCESS AND ORDER MCL 600.4703(2)
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