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
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