Search for “forfeiture”
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Justice Clarence Thomas Takes a Broadside at Civil Forfeiture
Forfeiture is a big issue in Michigan
… taking a big swipe at civil forfeiture laws across the nation. … a crime.) That’s because forfeiture involves charging the property, … car to pick him up.
These forfeiture operations frequently target … defend their interests in forfeiture proceedings. Perversely, … often the most burdened by forfeiture. They are more likely to … more
How Forfeiture Should Work in Michigan
New Mexico and Nebraska limit forfeiture to criminal cases
… recording studio under its forfeiture laws. It appears to be a case where forfeiture may be justified, but provides … example to talk about how forfeiture should be used.
The Detroit … allegations are part of a forfeiture complaint filed in federal … (studio).”
Though this forfeiture case will be pursued under … more
House Judiciary Passes Civil Forfeiture Reform Bills
Good work, but more still to be done
… bills that would reform Michigan’s civil asset forfeiture laws. Currently, law enforcement officials are … Bill 4508, sponsored by Rep. Irwin, would limit forfeiture in cases involving less than one ounce of marijuana, … North Carolina has long outlawed civil asset forfeiture, and New Mexico recently voted to prohibit it … more
Former State Trooper: Cops, Prosecutors Misuse Problematic Asset Forfeiture Law
‘Civil asset forfeiture erodes the public trust in law enforcement’
… note that when civil asset forfeiture first began to be used in … how to conduct civil asset forfeiture says the police are misusing … curriculum on civil asset forfeiture for the department and taught … procedures of civil asset forfeiture erodes the public trust … wasn’t the reason civil asset forfeiture was introduced.
Nelson … more
Bill Bringing State Closer To Ending Asset Forfeiture Abuse Advances in Michigan
House considers bill to require a conviction before police can take and keep a person’s property in most cases
… main bill of a civil asset forfeiture reform legislative package. … plans to take up another forfeiture bill that he sponsored as … on Michigan civil asset forfeiture with Dan Korobkin, the ACLU … year through civil asset forfeiture,” Skorup said. “We will … someone objects to the civil forfeiture of their property, law enforcement … more
Police Seize Car, Drive 56,000 Miles, Sell It Without Charging Owners With a Crime
Michigan forfeiture laws allow assets to be turned over without a conviction
… Michigan Legislature made to forfeiture laws last year but noted … of D- for its civil asset forfeiture laws, noting as much as … bills reforming civil asset forfeiture laws. These laws required … to disclose civil asset forfeitures and better document seizures. … of proof for civil asset forfeitures from preponderance of evidence … more
Retired State Police Officer: Forfeiture is 'Big Money' for Law Enforcement Agencies
A video report about the problems with civil forfeiture
… was wrong with civil asset forfeiture occurred when he was training … proceedings. Under civil asset forfeiture, law enforcement uses warrants … until proven guilty. With forfeitures, the property is guilty … search.
“Consent search and forfeiture are good partners,” said … them don’t understand the forfeiture law and a lot of people … more
No Charge, No Conviction — But 956 People Still Lose Stuff To Cops
Michigan releases 2017 civil asset forfeiture report
… process called civil asset forfeiture.
Of those 956 individuals, … violation for which asset forfeitures are authorized, and 220 … enforcement agencies involved in forfeiture proceedings collected more … agencies must send data on forfeiture to the department, which, … practice of civil asset forfeiture considered it a preliminary … more
Wayne County Took Cars From 380 People Never Charged With A Crime
2017 was ‘civil asset forfeiture on steroids’ in Detroit
… procedure called civil asset forfeiture, according to responses …
Altogether, there were 736 asset forfeiture proceedings in Michigan … Michigan to submit data about forfeiture to the Michigan State Police. … a recent report on civil forfeiture, said the data shows nearly … it’s likely that these forfeitures disproportionately affected … more
Court: OK For Wayne County To Seize Man’s Car For 3 Years
Legislators considering changes to state asset forfeiture law
… to challenge the property forfeiture, Wayne County held the car … Court case about civil asset forfeiture law. Opponents of these … 100 percent of civil asset forfeiture proceeds are given to the … a post-deprivation, pre-forfeiture hearing, and neither does … criminal activity.
Civil forfeiture allows law enforcement to … more
Michigan Forfeiture Laws Improving, But State Transparency Still Falls Behind
Under civil asset forfeiture, cops can keep a person's stuff even without a conviction or arrest
… practice of civil asset forfeiture in recent years, a public … practice called civil asset forfeiture. The organization gave Michigan … spent but an A for making forfeiture records accessible.
Civil asset forfeiture is the process by which … Michigan began tightening its forfeiture laws in the past few years. … more
Forfeiture: What Next?
Take a look at bonding
… interest in the topic of civil forfeiture in Michigan recently. The … reforms to the current civil forfeiture system in Michigan, requiring … had among the worst-rated forfeiture laws in the nation, they … policy when it comes to civil forfeiture would be for the state to eliminate civil forfeiture altogether and allow the … more
Police Seize Property All The Time And It’s No Big Deal — Until They Want To Keep It
Keeping it is called ‘forfeiture,’ and a proposal to raise the bar is being considered
… through a process called forfeiture, and the property is said … related to an alleged crime, forfeiture is not common.
Forfeiture is a legal procedure involving … a claim to get it back.
Forfeiture can happen even if a person … circumstances before civil asset forfeiture can occur. The requirement … more
Michigan Radio Features Fight Against Forfeiture
Bipartisan groups behind push for reform
… against Michigan's civil asset forfeiture laws.
Civil asset forfeiture is a practice that allows … in a national survey of forfeiture laws.
Michigan Radio reports: … more than $250 million in forfeiture revenue since 2000, with … whether those seizures and forfeitures were ever connected with … more
Michigan House Passes Bill Eliminating Forfeiture Bonding
… owner whose property has been seized by police and is subject to ‘civil forfeiture’ to provide a cash ‘bond’ to contest the taking, and if unsuccessful … another step in the right direction towards solving Michigan’s civil forfeiture problem, and the Senate should quickly take it up. more
Restrict Act uses TikTok as trojan horse for asset forfeiture
There are simple TikTok bans available, if a TikTok ban is the goal. But the Restrict Act is about asset forfeiture
… open a company’s assets to civil forfeiture for as little as an “attempted violation” … Restrict Act would be subject to civil forfeiture as well.
If Congress simply wants … person.”
It never mentions the word forfeiture.
Neither did the explanation offered … Warner said at the time.
If asset forfeiture is the best means of achieving that … more
Now People Won't Have to Pay a Bond to Recover Their Stuff from Police
Governor signs bill to eliminate 10 percent civil forfeiture fee
… requirement in civil asset forfeiture proceedings. Civil asset forfeiture is a legal proceeding that … to Michigan’s civil asset forfeiture. Rep. Pete Lucido, R-Shelby … seized as part of civil asset forfeiture pay a cash bond in order … to disclose civil asset forfeitures and do a better job of documenting … more
Local Ballot Initiatives Target Police, Prosecutors Confiscating Property
Local measures would require conviction for asset forfeiture
… practice, known as "civil asset forfeiture," is still a problem. Their … become under civil asset forfeiture,” said Shane Trejo, who … participate in civil asset forfeiture, and another requires prosecutors … further, eliminating civil forfeiture altogether. Law enforcement … doubling down on civil asset forfeiture now, in the event that additional … more
Trump is Wrong on Civil Forfeiture
State should stop this end-run around the Constitution
… support this reform to the forfeiture system.
Politico notes the exchange:
“On asset forfeiture, we’ve got a state senator … before we could receive that forfeiture money,” [Sheriff Harold] … career,” Trump replied.
Forfeiture is the process by which … criminal and civil. Criminal forfeiture is done after a conviction; … more
Key Part of Civil Asset Forfeiture Law Ruled Unconstitutional
Bond requirement challenged at Court of Appeals
… scheme known as civil asset forfeiture allows law enforcement to … tried to challenge the forfeitures of the seized items and … only able to challenge the forfeiture of the items that she could … financially able to contest the forfeiture. By contrast, she continued, … Ultimately, Michigan’s civil asset forfeiture scheme operated to deprive … more
Home, Assets Tied Up For Years As Family Awaits Forfeiture Process
Questions raised about how law enforcement freezes property during trial
… legal process called asset forfeiture. Civil liberty groups say … indicated they will not pursue forfeiture unless a conviction is secured. … different from most asset forfeiture cases in Michigan, where … accounts were all frozen and a forfeiture lien was placed on their … has litigated many civil forfeiture cases. She says this case … more
Couple Could Lose Their Home Through Civil Forfeiture
Government confiscates thousands of dollars without filing charges
… the state’s loose civil forfeiture laws. Their case shows the … marijuana law.
"(Criminal forfeiture is used) so that the criminals … of major abuse of civil forfeiture laws (see here for a good … possession of the property.
Forfeiture is a necessary part of the … Legislature should end civil forfeiture and only allow the state … more
Moving Forward on Forfeiture Reform
Michigan is only partway there
Forfeiture is the process of transferring of property or cash … enforcement is using civil forfeiture — a process which goes through … criminal system. In civil forfeiture, assets can be transferred … sending the assets from forfeiture to the state general fund, … Nebraska, which eliminated civil forfeiture. There, laws were passed … more
As Feds Expand Forfeiture, Michigan Looks to Restrict It
Preserving property rights is essential
… gearing up to expand federal forfeitures, a law enforcement tool … enforcement agencies to share forfeiture profits with federal ones, … develop polices to increase forfeitures.”
…
U.S. Attorney General … agencies to pursue civil asset forfeiture in Michigan, said Jarrett … said.
Learn more about forfeiture and track what is happening … more
Nearly 1,000 People Not Charged or Found Not Guilty Lost Their Property Through Forfeiture
Even if you aren’t convicted of a crime, you may lose your home
… process called civil asset forfeiture. The figures were obtained from an annual forfeiture report and responses to … Public Policy. The typical forfeiture involved assets – typically … Michigan law enforcement.
Forfeiture is the process of transferring … is done by police while forfeiture is processed by prosecutors. … more
National Conservative Groups Push to End Civil Asset Forfeiture
Is Michigan’s GOP Legislature listening?
… problem with civil asset forfeiture, which is the subject of … with modern civil asset forfeiture law, the police determined … alarms about civil asset forfeiture. They are joined by FreedomWorks, … as possible
Michigan’s forfeiture laws are rated among the … person’s property through forfeiture. While positive, these are … more
Wayne County Doubling Down On Forfeiture As Legislature Moves To Reform It
County’s ‘Operation Push-Off’ seized 2,600 vehicles, collected $1.2 million from owners, many never charged
… revenue from civil asset forfeiture over the past two years. … agencies use civil asset forfeiture to take ownership of property … who wants to challenge a forfeiture must file a claim but may … the county later pursuing forfeiture, but it does not clear any …
The money received through forfeiture goes directly to the police … more
Federal court severely curtails civil asset forfeiture in Michigan
How lawmakers should respond
…
People can challenge a forfeiture in court, but it is expensive … with Michigan’s civil asset forfeiture laws. State lawmakers have … have likely led to fewer forfeitures and a higher likelihood … their property prior to forfeiture, this only applies to drug-related … This should apply to all forfeitures. And allowing people to … more
Legislature Considering More Transparency For Asset Forfeiture
Some police agencies oppose the bills, which would require more accountability when property is taken
… more transparency in asset forfeiture cases in Michigan is being … number of criminal asset forfeiture proceedings, the alleged … numerous problems with asset forfeiture in the past, with money … receives all proceeds of civil forfeiture to enhance law enforcement … creating an incentive to pursue forfeiture more vigorously than combating … more
Most Americans Unaware Police Can Take Property Without Charges
Almost 3 out of 4 Americans unfamiliar with civil asset forfeiture
… unfamiliar with civil asset forfeiture laws, a highly controversial … of the term “civil asset forfeiture.”
A majority wrongly believed … spectrum that civil asset forfeiture circumvents the 4th, 5th, … laws governing civil asset forfeiture vary by state, the majority … number of cases of asset forfeiture involve innocent people … more
Meet Some Law Enforcement Officers Who Support Forfeiture Reform
Michigan Legislature should strengthen property rights
… oppose reforming civil asset forfeiture to require a criminal conviction … enforcement officials about forfeiture generally and about a bill … said conviction before [forfeiture] is a “good principle” to … Cooney noted most local forfeiture cases include a criminal … them in any way to go after forfeiture dollars,” Cooney said. “At … more
National Group Gives Michigan a ‘D’ for Forfeiture Laws
Bills that would raise that grade languish in legislature
… a new report about civil asset forfeiture.
The report card, “Civil Asset Forfeiture: Grading the States,” bases their … individual), and what percentage of forfeiture funds go to law enforcement.
In … enforcement receives 100 percent of forfeiture funds. A package of eight separate … more
Michigan Legislature Passes Bills Requiring a Criminal Conviction for Forfeiture
The bills had an overwhelming amount of bipartisan support
… process known as civil asset forfeiture. If Gov. Whitmer signs the … unanimously.
In theory, forfeiture is supposed to prevent criminals … conviction. The typical forfeiture in Michigan is just a few … learn more about civil asset forfeiture, visit www.mackinac.org/forfeiture.
more
Wayne County Took Thousands of Vehicles Without Filing Criminal Charges
Federal lawsuit filed against ‘unconstitutional’ civil asset forfeitures
… process called civil asset forfeiture.
Under civil asset forfeiture, law enforcement agencies … charges even being filed.
The forfeiture practices of the Wayne County … fight crime. “The systematic forfeiture of vehicles does not serve … later, no criminal charges or forfeiture complaint have been filed, … more
Forfeiture Reform, Legal Pot Could Cost Wayne County’s Sting $500k+ Annually
‘They don’t even care about the criminal charges,’ says defense attorney
… law reforming a practice called civil asset forfeiture, through which police and prosecutors take ownership … most cases before they can pursue civil asset forfeiture. This goes into effect on Aug. 7.
The Wayne … the Wayne County prosecutor criticized the new forfeiture law’s key provision:
”Since a conviction is … more
The Government Incentive to Seize Property
Panel on asset forfeiture in Michigan discusses confiscation of property with no conviction
… state's law on civil asset forfeiture and some of the glaring … declaring, “To describe forfeiture is to condemn it.” Civil asset forfeiture law operates in a radically … gotten through civil asset forfeiture law as “pennies from heaven” … conviction of a crime for any forfeiture of property. This would … more
Reforming Michigan's Civil Asset Forfeiture Law
Legislature should follow Minnesota's example
A new Minnesota law on civil asset forfeiture prevents the government from keeping money and property … charge in criminal court did not matter to the forfeiture case in civil court.
Civil forfeiture (as opposed to criminal) allows law enforcement … more
Forfeiture From People Not Convicted of a Crime in Michigan Isn’t ‘Rare’
… Township, wants to require a conviction before property can be transferred from individuals to the government via a process known as civil asset forfeiture. MIRS News recently featured a dispute between Lucido and the Michigan State Police, which believes that it should be allowed to keep the property … more
Civil Asset Forfeiture Laws Need Reform
Transparency, rule of law should be the focus
… story and video documented the Michigan State Police using civil asset forfeiture to freeze the bank accounts and take the property of two men for months without even charging them with a crime.
Forfeiture is a complicated process, but essentially allows for an end-run around … more
Supreme Court: Constitution’s ‘Excessive Fines’ Clause Can Apply to Civil Asset Forfeiture
Will this have an effect in Michigan?
… considered in cases of civil asset forfeiture.
The background of the case is … incorporated if it applies to civil in rem forfeitures. We disagree.”
Michigan law currently … profit’—where police and prosecutors employ forfeiture to take someone’s property then … fines.”
For decades, civil asset forfeiture has been upheld at the U.S. Supreme … more
Michigan Needs Better Forfeiture Laws
Bipartisan bills address issue
… the mismanagement of asset forfeiture funds by the Lansing Police Department.
Asset forfeiture is used by police to seize … since 2000.
Most of the forfeiture is aimed to prevent drug … agencies. Critics of asset forfeiture laws say the process leads … Arbor, would prevent asset forfeiture for certain drug offenses … more
New Bill Would Shed Light On Asset Forfeiture In Michigan
Bipartisan House bill would bring transparency to law enforcement seizing property without criminal charges
… practice is known as civil asset forfeiture.
In fact, the federal government … represents many people charged in forfeiture cases.
"Forfeiture allows law enforcement to … prosecutors incentives because forfeiture proceeds go to supplement …
Michigan got a "D-" for its forfeiture laws, according to an IJ … more
Forfeiture Laws Take Aim at Major Drug Dealers But Hit Poor Most Often
New reforms would help
… property through civil asset forfeiture. Some police and prosecutors … distorted picture of how forfeiture is actually used in Michigan. … objected to a conviction-before-forfeiture requirement. He argued that … The bills actually allow forfeiture to proceed under current … and able to challenge a forfeiture in court. Also, police can … more
Comparing Michigan’s Largest Counties on Civil Asset Forfeiture
Oakland and Wayne counties are worlds apart when it comes to protecting property rights
… information related to civil asset forfeiture. Police and prosecutors … discretion over how they use forfeiture, and the idea was to see … issues across the state.
Forfeiture allows the government to … reported cases of civil asset forfeiture across the state then. In … other instances involving forfeiture are still ongoing criminal … more
Asset Forfeiture Issue Arises With Clause in Human Trafficking Bills
Citizens could lose property under 'willful blindness' provision
… we're talking about the forfeiture of property and it would … to clear-cut examples.
"Forfeiture laws are already being abused, … "These bills basically expand forfeiture without providing the protections … perverse incentives to pursue forfeiture in unjust situations because … broadly applied.
"This amends forfeiture beyond that only used in … more
Asset Forfeiture Package of Bills a 'Solid First Step'
Citizens can have property seized by government under the lightest burden of proof
… practice of civil asset forfeiture in this state, and is within … advocate for civil asset forfeiture reform. His testimony to … which eliminated civil asset forfeiture altogether. In New Mexico, … way prosecutors can use forfeiture is after a criminal conviction, … Mexico, prosecutors can invoke forfeiture under civil law using the … more
Bill Would Limit Asset Forfeiture In Michigan Without Criminal Conviction
State has been ground zero for money and property seizures
… result of Michigan's asset forfeiture law.
He's not alone. Since … would prohibit civil asset forfeiture in Michigan unless a person … city."
Rep. Irwin said forfeiture, which is a way for the … out of control."
"Asset forfeiture was sold as a needed tool … enforcement uses the current asset forfeiture law to take tens of millions … more
U.S. House bill raises the bar for federal civil asset forfeiture
Walberg bill provides the legal counsel for suspects who cannot afford an attorney
… the federal civil asset forfeiture system by raising the bar … compensation.”
Civil asset forfeiture differs from criminal asset … to the government. Civil forfeiture is treated in civil or administrative … evidence” for federal asset forfeitures. It creates the right to government-funded counsel for forfeiture targets who can’t afford … more
Forfeiture Cases Can Take Years, Even for the Innocent; Supreme Court May Help
Mackinac Center signs onto amicus brief in Salgado v. United States
… “when the government dismisses a forfeiture case it spent years litigating, … made significant changes to its forfeiture laws. And the U.S. Supreme Court … enforcement to use civil asset forfeiture.
Even though Michigan now requires … prosecutors from filing frivolous civil forfeitures against property belonging to innocent … more
Different Parties, Same Conclusion on Civil Asset Forfeitures: Reform It
'The bipartisanship is real'
… civil asset seizures and forfeitures.
The measures had been … more than $250 million in forfeiture revenue. The report reveals that 86 percent of asset forfeitures during the previous year … reported,” and “many asset forfeiture proceedings involve multiple … agency would report the asset forfeiture.”
Irwin and McMillin believe … more
Flint Residents' Incomes Drop While City Spending Increases
Increased revenue from licenses, permits, fines and forfeitures hits those with 'the most limited options'
… to $108.9 million in 2011.
The city also increased revenue in those four years by a combined $3.2 million from licenses and permits, fines and forfeitures and charges for services imposed on a population least able to afford it.
Flint’s population dropped 13 percent in four years, going from 117,068 … more
1 In 10 People Who Had Property Forfeited To Police Were Not Charged With A Crime
… and then forfeited to the police in 2016 were not charged with a crime. That’s according to a new report from the Michigan State Police on asset forfeiture, a judicial process that lets a government agency keep the seized property.
There were 523 people who had property forfeited but were not charged … more
Debate Heated On Ending Police Keeping Seized Property With No Conviction
In Michigan, more than 500 people lost property in 2016 with no criminal charges
… reforming Michigan’s civil asset forfeiture law.
Civil asset forfeiture means transferring ownership … charged for civil asset forfeiture to take place. It is a legal … enforcement using civil asset forfeiture was never charged with a … he believes civil asset forfeiture is terrible “optically” … more
No Arrest — But Cops Took And Kept His $2,035 Anyway
Your assets are presumed guilty in Michigan; legislation would change that
… police through a legal process called civil asset forfeiture is never charged with a crime. More than $15.3 … conviction or even an arrest before pursuing a forfeiture action in court.
Riley, though, said this process … enforcement agencies have a strong incentive to pursue forfeiture because they get to keep 100 percent of the … more
Report: Michigan Police Kept $15 Million Taken Mostly From ‘Little Guys’ In 2018
‘Police do use it to raise revenue’
… practice of civil asset forfeiture.
Most of the seized property …
Michigan’s civil asset forfeiture law was adopted in 1978 … extensively on civil asset forfeiture. He said of the report, … are losing their property. Forfeiture should be used only on those … instances in which the target of forfeiture was not a drug kingpin. … more
Civil Asset Forfeiture Reforms Head to the Governor
Bills take first step toward reining in potential law enforcement abuse
… seized property, called forfeiture, in two ways:
First, they … on property seizures and forfeitures. The State Police would … been allegations that some forfeitures appear motivated more by …
Pressure to reform asset forfeiture laws has grown in recent … the burden of proof for forfeiture from a “preponderance of … more
Drug Raids Down 75 Percent in Detroit as Police Shift Their Focus
City going after 'major violators' rather than marijuana users
… drug enforcement, collected $3.8 million in ordinance fines and drug forfeitures in 2015. In 2012, the city had $2.4 million in ordinance fines and drug forfeitures. more
Police Set Up Crime, Entrap College Student’s Cellphone and $100
Though none were criminally charged, 523 in Michigan still lost property forfeited to police last year
… cellphone and $100 anyway and kept it through a process known as civil asset forfeiture.
In Michigan, one in 10 people whose property is taken and kept by police in forfeiture actions is never charged with a crime. A state report shows that more … more
Saginaw County Sheriff Denies Driving Seized Muscle Car, Won't Explain 56k New Miles
A whodunit of the '65 Nova SS
… article detailing the civil asset forfeiture case.
On Sept. 13, it was reported … vehicle.
According to an official forfeiture document dated April 24, 2008, a … his department does related to forfeitures is at the direction of the county … by questionable use of the civil forfeiture statute,” Ellison added.
Correction: This … more
Michigan Gets D-Minus Grade for Forfeited Property Profit Mongering
Report ranks state 44th, despite recent law changes
… to restrict civil asset forfeiture and require more disclosure … uses under a state-federal forfeiture program.
In Michigan, civil forfeiture laws allow police agencies … Michigan State Police records, forfeitures here total $18.8 million … on average.
Civil asset forfeiture is getting attention because … more
Man Who Speaks Out About Police Seizing His Property Without Charges is Arrested Hours Later
… comment.
Michigan Capitol Confidential began inquiring about civil asset forfeitures on Nov. 7. Eddington did return a phone call and spoke about forfeitures in general terms but was not asked about specific cases. On Nov. 21, … more
Local governments in Michigan can’t keep extra cash from tax foreclosures, but state has other ways to claim money
An auction netted the county $260k, says an heir whose aunt’s property was taken by officials, but Medicaid administrators may take it all anyway
… of over $260,000.
Litzner had filed suit against the county over the forfeiture, but the county said she had no legal claim. The reason: Her aunt’s will … overruled the circuit court. The judges wrote that state law on tax forfeitures, which legislators adjusted after the Rafaeli ruling, “makes no reference … more
Bills Aiming to Protect Property from Overzealous Forfeiture Clear First Hurdle
House overwhelmingly approves eight bills
… practice of civil asset forfeiture in Michigan and raise the … was a prosecutor and did forfeiture cases. I had contacts and … bills do not end civil asset forfeiture altogether. But Rep. Jeff … 4504, creates the Uniform Forfeiture Reporting Act, which requires all … to report the number of forfeiture proceedings, their status, … more
Finding Agreement in Criminal Justice Reform
Sound priorities on sound policies for all
… first study on civil asset forfeiture was published in 1998. A … championing civil asset forfeiture reform.
The Mackinac Center’s … same issue.
Civil asset forfeiture reform: The police should … Center, ALCU of Michigan, Fix Forfeiture, Congressman Tim Walberg … have proudly partnered on forfeiture and criminal intent legislation. … more
What are the Real Motives Behind Asset Seizures?
Law enforcement veteran says its about the money while a lawmaker works to solve the problem
… suspected users.
Civil asset forfeitures began under President Ronald … of major drug dealers. Forfeitures are separate actions outside … police broadening the asset forfeiture net, taking money and property … used those civil asset forfeitures to take their belongings.” … officers.
Civil asset forfeitures do not involve only alleged … more
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Property Seized, Money Taken – But No Crime
Video Report: How police confiscate property and freeze bank accounts without ever making an arrest
… system called civil asset forfeiture.
The U.S. Constitution … process. But civil asset forfeiture is a legal tool by which … than public safety. Asset forfeiture, however, is different. … receives all proceeds of civil forfeiture to enhance law enforcement … creating an incentive to pursue forfeiture more vigorously than combating … more
Excess of Laws Entangle Law-respecting People
A lack of knowledge traps ordinary citizens
… hide. But if more people understood civil asset forfeiture laws, fewer would surrender their rights. If … (“I didn’t do anything wrong.”)
Civil asset forfeiture laws allow government to seize not just cash, … marijuana. Because Michigan’s broad civil asset forfeiture laws operate with little oversight, his last … more
Three Important Criminal Justice Reform Opportunities for 2018
With fewer than 20 days left in the legislative session, that’s plenty of time to pass good reform
… significant and long-lasting improvements for many Michiganders.
Civil asset forfeiture reform: Civil forfeiture is a policy that allows law enforcement agents to seize and forfeit, … more
New Legislature Takes Another Swing at Criminal Justice Reform
Lawmakers recognize more work needs to be done
… they appear in court.
Reforms to require police to secure a conviction prior to taking ownership of private property through the use of civil asset forfeiture.
With these and other proposals garnering increased bipartisan support, it’s safe to say that this Legislature is not fully satisfied with previous … more
The Best of the Best: CapCon's Top 10 Stories of 2014
Police seize property; religious discrimination in school contracts; Obamacare piles on disabled family’s burdens
… voter-approved law. The state police disagreed and raided his home, using asset forfeiture laws to seize property without charging him with a crime. Only months … less arrested. These cases highlight the problems with criminal asset forfeiture laws in Michigan and elsewhere.
9. Making Sense of the Complicated Ballot … more
Power to the People: 2015 Brought Some Key Reforms to Michigan
Bye-bye film subsidies, hello limits on improper or abusive police and prosecutor actions
… General Fund.
Civil Asset Forfeiture
On Oct. 20, Snyder signed … the area of civil asset forfeiture. The new laws require more … about property seizures and forfeitures to the Michigan State Police. … more than $250 million in forfeiture revenue since 2000, with … the motivation for some forfeitures may have been primarily … more
Fed Audit: Township Used Forfeited Property for Non-Law Enforcement Expenses
Plymouth Township used money to boost budget
… the township’s share of forfeiture proceeds were used to buy … failed to reimburse the forfeiture fund when it received $96,506 … spearheading civil asset forfeiture reform in states around … with the current round of forfeiture reform. Next year, they … corrupting influence of forfeiture proceeds on law enforcement’s … more
Bills Attempt to Shine Light on Government-Seized Property
… seized or received through forfeiture. The information would be … do that.”
“This is about forfeiture and seizure of property … some of the funds from the forfeitures for this, and I’m fine with … information:
- The number of forfeiture proceedings started and … year.
- The number of forfeitures effectuated by the reporting … more
In 2019, More Than 500 People Had Property Forfeited To Police Without Being Charged With A Crime
… which their property was forfeited to police.
Michigan’s civil asset forfeiture law was adopted in 1978. The law's purpose was to deprive criminals, … the proceeds they can make from illegal activity. The assets from the forfeiture of property and cash goes to the law enforcement agencies.
Effective … more
No Charge For Vehicle Seizure Data Over Three Years, But Wayne County Wants $19k This Time
… Information Act requests for records related to the vehicle seizures and forfeitures.
Last year, the Wayne County Sheriff’s Office responded to the Mackinac … showing the total number of vehicles seized and money realized from their forfeiture. It turned these documents over without charge.
Earlier this year, the … more
Michigan Must Seize Opportunities for Criminal Justice Reform
… first study on civil asset forfeiture was published in 1998. A … championing civil asset forfeiture reform.
The Mackinac Center’s … same issue.
Civil asset forfeiture reform: The police should … Center, ALCU of Michigan, Fix Forfeiture, Congressman Tim Walberg … have proudly partnered on forfeiture and criminal intent legislation. … more
Michigan Capitol Confidential honored by Detroit Chapter of Society of Professional Journalists
Four staff members receive awards
… Journalism” dinner Wednesday night.
Jarrett Skorup won second place in the “Consumer/Watchdog” category for his stories on corporate welfare, asset forfeiture laws and government waste, while Jack Spencer took third place in the same category for his coverage of legislators attempting to define the term … more
October 24, 2014, MichiganVotes Weekly Report
Extend film subsidies, and more key votes from 2014
… that potentially include forfeiture and foreclosure.
Who Voted … expand the state's criminal forfeiture law by making the property … the premises subject to forfeiture. The bill would also allow … some cases, and authorize forfeiture for more crimes. This law … agencies that effected the forfeiture.
Who Voted "Yes" and Who … more
Criminal Justice in a Free Society
Mackinac Center announces criminal justice initiative
… issues in this area for many years. We published our first civil asset forfeiture study nearly 20 years ago, and one of our first projects was a study … includes papers on overcriminalization, criminal intent and civil asset forfeiture.
Today Mackinac is part of a growing network of organizations around … more
Wayne Prosecutor Endorsed By Attorney General Nessel Seized Poor Peoples' Cars
Took more than 2,600 cars over two years in aggressive sting operation
… the case. The Detroit man in this case did not pay $900 or contest the forfeiture, so the county took the Bronco.
In at least two separate instances in …
The Wayne County Prosecutor’s Office describes it this way:
“The Asset Forfeiture Unit also operates a sub-unit: the Vehicle Seizure Unit. The Vehicle … more
Your Favorites: Our Top 10 Stories of 2013
… Shouldn't Subsidize Higher Education
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Charter School Superintendent Makes Over $339K a Year
Minimum Wage Increase: A Serious Effort or Just Rhetoric? … more
MICHIGAN CAPITOL CONFIDENTIAL
Winter 2013 Edition
… Past, Looking Forward
Court Ruling Supports State Law That Prohibits Discrimination of Non-Union Contractors
New Bill Would Shed Light On Asset Forfeiture In Michigan
SEIU Under Investigation Over Prop 4
Detroit Still Sending Tax Notices 15 Years After Company Closed
U.S. Supreme Court Agrees To Look … more
House Republican Policy Plan Lays the Groundwork for Action
Pensions, education, criminal justice all areas ripe for change
… front and center. Learn more here.
Forfeiture
Protecting property rights is a … Legislature should eliminate civil forfeiture and replace it with criminal forfeiture — where the government can only take ownership of property through forfeiture after it has convicted a person … more
Pushing Back Against Government Takings
New bill would provide remedy for property violations
… challenge while also bringing new state departments under the restrictions.
Whether it is eminent domain, the promulgation of administrative rules, or forfeiture, the taking of private property by the government should be extremely limited. It’s a good idea for legislators to stay on the offensive with this … more
County Takes Michigan Woman's Property Over $7 Late Fee
Treasurer: 'Lady doesn't have a leg to stand on'
… notices stating that a failure to pay the late fee would result in a forfeiture of the property. Baker’s property was forfeited on March 1, 2015. According … after Nov. 30.
Documents also show that the county sent a notice of forfeiture to Baker’s Jackson residence on June 30, 2015, through certified mail. … more
Crime, Crime, Everywhere a Crime
… Rep. Mike Shirkey, R-Clarklake, recently introduced a bill that addresses criminal intent and Rep. Jeff Irwin, D-Ann Arbor, is fighting civil asset forfeiture. more
Michigan Legislature Can Pursue Free-Market Agenda
… crimes, resolve disparities in criminal penalties and evaluate cost-saving measures in correctional costs.
Reform policing for profit. Civil asset forfeiture allows police departments to seize assets and property of individuals without so much as a criminal charge. This practice represents a serious infringement … more
CAPPS Report Lays Out Some Solid Criminal Justice Reforms
Michigan can shift prison policies without endangering the public
… should re-examine its overwhelmingly complex penal code and establish more robust legal protections for innocent citizens by eliminating civil asset forfeiture. more
Not So Criminal Minds: Government Convicts People Who Do Not Knowingly Commit Crimes
Experts provide some ideas to roll-back government statutes
… Doesn't Commit Crimes, People Do
Mackinac Center Study: Government Property Seizures Threaten the Rights of All
New Bill Would Shed Light On Asset Forfeiture In Michigan more
Traditional Media Recognizes Michigan Capitol Confidential With 4 Awards
… other members of the CapCon staff. Jarrett Skorup won second place in the “Consumer/ Watchdog” category for his stories on corporate welfare, asset forfeiture laws and government waste. Jack Spencer was recognized for his coverage of lawmakers trying to define for the purposes of regulation what a journalist … more
Michigan Supreme Court Justice Suggests Legislature Clarify Criminal Intent Statutes
Citizens are committing crimes without knowing it
… Doesn't Commit Crimes, People Do
Mackinac Center Study: Government Property Seizures Threaten the Rights of All
New Bill Would Shed Light On Asset Forfeiture In Michigan more
Michigan Parole Bill Would Revise Standards for Prisoner Release
House bill 5273 would restrict certain vetoes
… board, even without a veto.
The Michigan Legislature has been making some changes to the criminal justice system over the past few years. Civil forfeiture laws have been changed, the state eliminated hundreds of laws from the books, and a “mens rea” provision has been added to the criminal code to … more
An Update on Criminal Justice Policies in Michigan
By most measures, the state has been improving
… groups, civil liberty organizations and conservative and liberal organizations on board. Here’s an update of some recent policies:
Civil asset forfeiture: Earlier in 2019, Michigan joined more than a dozen states in requiring the government to secure a criminal conviction before they can take someone’s … more
'Mackinac Center Is Partisan' Charges More Revealing of Accusers Than Center
… to a request from a Democratic state representative, a Mackinac Center analyst testified before a House committee in opposition to a civil asset forfeiture law that a Republican bill could potentially expand.
For those who view the world through the lens of their own partisan political preferences, … more
The Politics of Speed Limits
Some special interests oppose raising interstate speed limits
… would be one less reason for patrols to pull cars over, which could result in fewer opportunities to seize property and cash through civil asset forfeiture.
MDOT testified that raising limits on roads would cost time and money. True, but what the agency is proposing — micromanaging speed limits with … more
Michigan Legislature Can End 2016 Strong by Acting on Key Issues
… this record by passing a trio of solid reform bills. House Bill 4629 would eliminate the rule that people need to pay a 10 percent bond to begin forfeiture proceedings. Senate Bill 932 would simplify the state’s sanctions for violating parole and cap the penalty for minor incidents. This bill has passed … more
Criminal Justice Reforms Signed Into Law, More Left to Do
Enacting some long-overdue reforms should pave the way to pass several others this year
… well, which basically ensures that defendants who lack means will remain behind bars.
Finally, although the state has made strides on civil asset forfeiture, it still has not reformed the law so that police are required to secure a criminal conviction before seizing a person’s private property and selling … more
Open-Records Law Reveals: Cops Take Cars From Little Guys; School Pay Tricks; Much More
Government likes secrecy and Michigan officials get more clever at ducking records requests
… press release or website. The public only knows about it because researchers used Michigan’s Freedom of Information Act to obtain records of the forfeitures, and reporters wrote about them in published news stories.
As frequently happens, information available only because of an open records law sheds … more
Dr. Jim Hines Talks State Government
‘If renewable energies are so good ... then why not get rid of the subsidies and the mandates?’
… Mmhmm.
HINES: One of the things is the civil forfeiture, where there’s a police raid and they confiscate … that that needs to be changed. Instead of civil forfeiture, I think it should be criminal forfeiture —
CARTER: Okay.
HINES: — when you’re convicted … more
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