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IN RE FORFEITURE OF $180,975

Docket No. 127983. Calendar No. 1.

734 N.W.2d 489 (2007)

478 Mich. 444

In re FORFEITURE OF $180,975. People of the State of Michigan, Plaintiff-Appellee, v. $180,975 In United States Currency, Defendant, and Tamika Shante Smith, Claimant-Appellant, and Todd Fitzgerald Fletcher, Claimant.

Supreme Court of Michigan.

Decided July 3, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Juris Kaps, Prosecuting Attorney, and Michael J. Bedford and Lori Baughman Palmer, Assistant Prosecuting Attorneys, Paw Paw, for the people.

Karri Mitchell, Oak Park, for Tamika S. Smith.

David Gorcyca, President, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Lori Baughman Palmer, Assistant Prosecuting Attorney, Detroit, for amicus curiae Prosecuting Attorneys Association of Michigan.

Opinion

WEAVER, J.

In this case we consider the proper application of the exclusionary rule in a civil forfeiture proceeding in which the property subject to forfeiture has been illegally seized. We further consider whether In re Forfeiture of United States Currency, 166 Mich.App. 81, 420 N.W.2d 131 (1988), was correctly decided. In deciding these questions, we first hold...

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