Search for “forfeiture”
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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
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
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
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
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
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
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
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
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 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