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or intangible property; determination by court; seizure without process; circumstances;
lien notice against real property; notice and hearing required; return of property to
crime victim; exceptions; custody of property by seizing agency.
Sec. 159n.
(1) A civil in rem forfeiture proceeding under this chapter is a proceeding against property
subject to forfeiture under section 159m instituted by the filing of a petition by the prosecuting
agency.
(2) Personal or intangible property subject to civil in rem forfeiture under section 159m may
be seized pursuant to an order of seizure issued by the court having jurisdiction over the
property.
(3) Upon an ex parte application by the prosecuting agency, before or after the initiation of a
civil in rem forfeiture proceeding, the court may determine ex parte whether there is probable
cause to believe that personal or intangible property is subject to civil in rem forfeiture under
section 159m and that notice to those persons having or claiming an interest in the property
before seizure would cause the loss or destruction of the property. In making this
determination, the court shall, as a matter of law, make a determination that the property
constituted an interest in, means of control over, or influence over an enterprise involved in a
violation of section 159i. If the court finds that probable cause does not exist to believe the
property is subject to forfeiture under this act, the court shall dismiss the plaintiff prosecuting
agency's application and, if a civil in rem forfeiture proceeding has been initiated, shall
dismiss the petition. If the court finds that probable cause does exist to believe the property is
subject to forfeiture but there is not probable cause to believe that prior notice would result in
loss or destruction of the property, the court shall order service on all persons known to have
or claim an interest in the property before a further hearing on whether an order of seizure
should issue. If the court finds that there is probable cause to believe that the property is
subject to forfeiture and to believe that prior notice would cause loss or destruction of the
property, the court shall issue an order of seizure directing the sheriff or other law enforcement
officer in the county where the property is found to seize it.
(4) Personal or intangible property subject to civil in rem forfeiture under this chapter may
be seized without process under any of the following circumstances:
(a) The seizure is incident to a lawful arrest.
(b) The seizure is pursuant to a valid search warrant.
(c) The seizure is pursuant to an inspection under a valid administrative inspection warrant.
(d) There is probable cause to believe that the property is directly or indirectly dangerous to
health or safety.
(e) Exigent circumstances exist that preclude the obtaining of a court order, and there is
probable cause to believe that the property is subject to civil in rem forfeiture under section
159m.

Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026 Page 131 of 465 Courtesy of legislature.mi.gov

(f) The property is the subject of a prior judgment in favor of this state in a forfeiture
proceeding.
(5) The prosecuting agency may apply ex parte for an order authorizing the filing of a lien
notice against real property subject to civil in rem forfeiture under section 159m. The
application shall be supported by a sworn affidavit setting forth probable cause for a civil in
rem forfeiture action pursuant to sections 159m to 159q. An order authorizing the filing of a
lien notice may be issued upon a showing of probable cause to believe that the property is
subject to civil in rem forfeiture under section 159m.
(6) Real property shall not be seized without notice and a hearing.
(7) Property that belongs to the victim of a crime shall promptly be returned to the victim,
except in the following circumstances:
(a) The property is contraband.
(b) If the ownership of the property is disputed, until the dispute is resolved.
(c) The property is required to be retained as evidence pursuant to section 4(4) of the crime
victim's rights act, Act No. 87 of the Public Acts of 1985, being section 780.754 of the
Michigan Compiled Laws.
(8) Personal or intangible property seized under this section is not subject to any other
action to recover personal property, but is considered to be in the custody of the seizing
agency subject only to this chapter, or to an order and judgment of the court having
jurisdiction over the civil in rem forfeiture proceedings. When property is seized under this
section, the seizing agency may do 1 or more of the following:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.