Michigan Compiled Laws

Mich. Comp. Laws § 333.7522 (2026)

Property subject to forfeiture; seizure; process; seizure without process.

✓ current as of July 2026

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PUBLIC HEALTH CODE

Act 368 of 1978

333.7522 Property subject to forfeiture; seizure; process; seizure without process.

Sec. 7522.

Property that is subject to forfeiture under this article or pursuant to section 7521 may be seized upon process issued by the circuit court having jurisdiction over the property. Seizure without process may be made under any of the following circumstances:

(a) Incident to a lawful arrest, pursuant to a search warrant, or pursuant to an inspection under an administrative inspection warrant.

(b) The property is the subject of a prior judgment in favor of this state in an injunction or forfeiture proceeding under this article or pursuant to section 17766a.

(d) There is probable cause to believe that the property was used or is intended to be used in violation of this article or section 17766a.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1982, Act 251, Imd. Eff. Sept. 29, 1982 ;-- Am. 1990, Act 30, Eff. Mar. 28, 1991

PopularName Notes:

Act 368

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1987–2022 · leading case: In Re Forfeiture of $5,264, 439 N.W.2d 246 (Mich. 1989).

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In Re Forfeiture of $5,264, 439 N.W.2d 246 (Mich. 1989). · cites it 2× “On August 15, 1985, the prosecutor, pursuant to MCL 333.7522; MSA 14.15(7522), filed the present civil forfeiture action in rem in Macomb Circuit Court, seeking the confiscation of $5,264 found in a drawer behind the store counter, the BMW automobile registered to the claimant,…”

In Re Forfeiture of $1,159,420, 486 N.W.2d 326 (Mich. Ct. App. 1992). · cites it 2× “However, pursuant to MCL 333.7522(a); MSA 14.15(7522)(a), seizure without process may be made where it is incident to an arrest or a search warrant.”

in Re Forfeiture of 2000 Gmc Denali & Contents, 892 N.W.2d 388 (Mich. Ct. App. 2016). “MCL 333.7522(a). When property is seized without process, and the total value of the property seized does not exceed $50,000, the local unit of government that seized the property shall notify the owner of the property that the property has been seized and that the local unit of…”

In Re Return of Forfeited Goods, 550 N.W.2d 782 (Mich. 1996). · cites it 3× “§ 333.7522 through M.C.L. § 333.7525 [M.S.”

United States v. Certain Real Prop. 566 Hendrickson Boulevard, Clawson, Oakland Cnty., Michigan, Leonard Willis, Claimant-Appellant, 986 F.2d 990 (6th Cir. 1993). “Claimant received a notice that his property had been seized by the Clawson Police Department pursuant to Mich.Comp.Laws § 333.7522. Despite claimant’s contention to the contrary, this “Notice of Seizure and Intention to Forfeit and Dispose of Property,” issued pursuant to Mich.”

In Re Forfeiture of $53, 444 N.W.2d 182 (Mich. Ct. App. 1989). “MCL 333.7522; MSA 14.15(7522). The proceeding is brought *497 against the property, with the government’s burden being to show that probable cause existed to believe the vehicle was used to transport or facilitate the transportation of controlled substances and that probable…”

In Re Forfeiture of One 1983 Cadillac, 439 N.W.2d 346 (Mich. Ct. App. 1989). · cites it 2× “15(7521)(1)(d) and MCL 333.7522; MSA 14.15(7522). Forfeiture proceedings were commenced on March 26, 1984, four months after the *279 seizure of the Cadillac.”

United States v. Miller, 34 F. Supp. 3d 695 (E.D. Mich. 2014). · cites it 2× “§ 981 (b)(2)(A)-(b)(2)(C); Mich. Comp. Laws § 333.7522 ; United States v.”

People v. Harmelin, 440 N.W.2d 75 (Mich. Ct. App. 1989). “Defendant’s car was properly impounded under the forfeiture provisions of the controlled substances act, MCL 333.7522; MSA 14.15(7522). However, because the officers’ testimony in the present case established that the Oak Park Police Department’s standardized procedures did not…”

In re Forfeiture of 1987 Mercury, 652 N.W.2d 675 (Mich. Ct. App. 2002). “[MCL 333.7522 (emphasis added).] *540 Section 7523 governs the conduct of forfeiture proceedings.”

In Re Forfeiture of 301 Cass Street, 487 N.W.2d 795 (Mich. Ct. App. 1992). “However, whether illegally seized property is subject to forfeiture at all is a matter that should be considered initially by the trial court.”

In Re Forfeiture of United States Currency, 416 N.W.2d 700 (Mich. Ct. App. 1987). “MCL 333.7522(d); MSA 14.15(7522)(d). This rule that property may be seized if probable cause can be supported by untainted evidence that the money or property involved was linked to illegal activity has been applied by the federal courts and one other state court.”

Show all 24 citing cases →

— Mich. Comp. Laws § 333.7522(a) — 5 cases

In Re Forfeiture of $1,159,420, 486 N.W.2d 326 (Mich. Ct. App. 1992). “However, pursuant to MCL 333.7522(a); MSA 14.15(7522)(a), seizure without process may be made where it is incident to an arrest or a search warrant.”

In Re Return of Forfeited Goods, 550 N.W.2d 782 (Mich. 1996). “§ 333.7522 through M.C.L. § 333.7525 [M.S.”

People v. Mierzejewski, 452 Mich. 659 (Mich. 1996).

— Mich. Comp. Laws § 333.7522(c) — 2 cases

In Re Forfeiture of $15,232, 455 N.W.2d 428 (Mich. Ct. App. 1990).

In Re Forfeiture of $2,124 (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 333.7522(d) — 1 case

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