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IN RE FORFEITURE OF $18,000

Docket No. 119505.

189 Mich. App. 1 (1991)

471 N.W.2d 628

In re FORFEITURE OF $18,000

Michigan Court of Appeals.

Decided May 6, 1991, at 9:35 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Carl J. Marlinga, Prosecuting Attorney, Robert John Berlin, Chief Appellate Lawyer, and Diane M. Hathaway, Assistant Prosecuting Attorney, for the people.

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw), for the claimant.

Before: JANSEN, P.J., and WAHLS and HOOD, JJ.

JANSEN, P.J.

Claimant appeals as of right a July 20, 1989, order granting the Macomb County Prosecutor's petition for forfeiture of $18,000 pursuant to MCL 333.7521; MSA 14.15(7521). On appeal, claimant contends that the trial court erred in ordering the forfeiture of the money. We agree and reverse.

On September 22, 1989, claimant posted $18,000 cash with the Warren Police Department for bail for her future brother-in-law. The police, suspicious that the...

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