Order Michigan Supreme Court
Lansing, Michigan
July 21, 2006 Clifford W. Taylor,
Chief Justice
127983 Michael F. Cavanagh
& (38) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
IN RE FORFEITURE OF $180,975.00 Justices
____________________________________
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 127983
COA: 249699
Van Buren CC: 02-500459-CF
$180,975.00 IN U.S. CURRENCY,
Defendant,
and
TAMIKA SHANTE SMITH,
Claimant-Appellant,
and
TODD FITZGERARLD FLETCHER,
Claimant.
_________________________________________/
By order of November 2, 2005, this Court directed the Van Buren County
Prosecuting Attorney to answer the application for leave to appeal. On order of the
Court, the brief having been filed, the application for leave to appeal the December 28,
2004 judgment of the Court of Appeals is again considered, and it is GRANTED. The
parties shall include among the issues to be addressed: (1) the proper application of the
exclusionary rule in a forfeiture proceeding in which the property subject to forfeiture has
been illegally seized, and (2) whether In re Forfeiture of United States Currency, 166
Mich App 81 (1988), was correctly decided.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
2
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
July 21, 2006 _________________________________________
l0718 Clerk