THE MICHIGAN PENAL CODE
Act 328 of 1931
750.308a Disposition of articles or property seized.
Sec. 308a.
On application of a sheriff, chief of police of a police department, commissioner of the Michigan state police, or other peace officer, a court or magistrate of competent jurisdiction may upon due notice and hearing turn over to said sheriff, chief of a police department, commissioner of the Michigan state police, or peace officer, any articles or property listed under the provisions of section 308 of this chapter lawfully seized by any such peace officer for such disposition as the court or magistrate shall prescribe, or said court or magistrate may provide for the destruction or other disposition of said articles or property.
Any funds derived from the disposition of any such articles or property shall be turned over to the treasurer of the city, township or county whose law enforcement officer made application for the disposition of such articles or property, or to the state treasurer if such application is made by the commissioner of the Michigan state police.
History: Add. 1953, Act 64, Eff. Oct. 2, 1953
Notes of Decisions
Oakland Cnty. v. Bice, 191 N.W.2d 338 (Mich. 1971).
· cites it 4× “*150 The procedure under which disposition of the property here involved was sought to be made is provided in MCLA § 750.308a (Stat Ann 1954 Rev § 28.540[1]).”
Michigan Ex Rel Comm'r of State Police v. Nine Money Fall Games, 343 N.W.2d 576 (Mich. Ct. App. 1983).
· cites it 2× “Petitioner filed a petition pursuant to MCL 750.308a; MSA 28.540(1) which provides for the disposition of articles and property used in connection with illegal gambling and seized in accordance with MCL 750.”
In Re Forfeiture of $1,923,235, 637 N.W.2d 247 (Mich. Ct. App. 2001).
· cites it 2× “159m and MCL 750.308a. The trial court did not address in the proceedings at issue below forfeiture under MCL 750.”
In Re Forfeiture of Cash & Gambling Paraphernalia, 512 N.W.2d 49 (Mich. Ct. App. 1993).
· cites it 2× “114(E). MCL 750.308; MSA 28.540 authorizes the issuance of a search warrant once probable cause is established that any place is being used for the registering of bets upon any race, game, or contest.”
Michigan Ex Rel Comm'r of State Police v. One Helix Game, 333 N.W.2d 24 (Mich. Ct. App. 1982).
“540 [§ 308] provides for the issuance of search warrants and MCL 750.308a; MSA 28.540(1) [§ 308a] allows for the destruction or other disposition of property seized pursuant to § 308.”
People v. United States Currency, 383 N.W.2d 633 (Mich. Ct. App. 1986).
· cites it 2× “540 and MCL 750.308a; MSA 28.540(1). Detroit police officer Joseph Monacelli testified that he and his partner, Thomas McFarland, were on routine patrol the morning of March 27, 1984, in the area of 19617 Van Dyke in the City of Detroit.”
Cnty. of Saginaw v. Cergnul, 203 Mich. App. 69 (Mich. Ct. App. 1993).
· cites it 2× “114(E). MCL 750.308; MSA 28.540 authorizes the issuance of a search warrant once probable cause is established that any place is being used for the registering of bets upon any race, game, or contest.”
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