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STATE OF MICHIGAN
COURT OF APPEALS


KENNETH MARAZON AND JAY MARAZON,

UNPUBLISHED July 9, 1996

Plaintiffs-Appellants, v MONROE COUNTY, OFFICE OF MONROE NARCOTICS INVESTIGATION, MONROE COUNTY SHERIFF, ENRICO J. GALIMBERTI AND ARNOLD PHILLIPS, Defendants-Appellees. No. 182131 LC No. 92-000918 CZ

Before: Cavanagh, P. J., and Hood and J. J. McDonald*, JJ. PER CURIAM. Plaintiffs appeal as of right from an order granting summary disposition pursuant to MCR 2.116(C)(7) and (C)(10) with respect to their tort claims arising out of defendants' execution of a search warrant at their home. We affirm. Defendants confiscated a bag of marijuana, approximately $4,000, and other personal property during the execution of a search warrant at plaintiffs' home. Kenneth Marazon was arrested, but criminal charges against him were dismissed after the district court quashed the search warrant. His property was eventually returned to him when the corresponding civil forfeiture action was likewise dismissed. Kenneth Marazon and his minor son, Jay, who was present in the home at the time of the search, commenced this action in Monroe Circuit Court against defendants, asserting several tort claims and a claim for violations of their Fourth Amendment rights under 42 USC

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