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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 … property forfeited occurred in Wayne County. This is likely because the county has a system set up to seize … county takes ownership. Wayne County is the largest county in … data varies greatly from Wayne County’s. The Oakland County sheriff’s …

Wayne County Took Cars From 380 People Never Charged With A Crime

2017 was ‘civil asset forfeiture on steroids’ in Detroit

Nearly 400 people in Wayne County who were never charged with … procedure called civil asset forfeiture, according to responses … who were never charged, Wayne County exceeded the rest of the counties combined. Altogether, there … this happened 380 times in Wayne County. A state law passed in …

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

… individuals, Michigan’s largest county appears to be ramping up the … In an ongoing crackdown, Wayne County has seized more than 2,600 … revenue from civil asset forfeiture over the past two years. … lost their vehicles to Wayne County without being charged, … communications for the Wayne County prosecutor. The county …

Court: OK For Wayne County To Seize Man’s Car For 3 Years

Legislators considering changes to state asset forfeiture law

… according to court documents, Wayne County never filed the paperwork … to challenge the property forfeiture, Wayne County held the car for more than … court decision upheld Wayne County’s actions. Police officers … filed a lawsuit against the county for failing to provide him …

Wayne County Took Thousands of Vehicles Without Filing Criminal Charges

Federal lawsuit filed against ‘unconstitutional’ civil asset forfeitures

… liberties nonprofit, are suing Wayne County in federal court, saying … process called civil asset forfeiture. Under civil asset forfeiture, … According to the lawsuit, the county regularly takes ownership … forfeiture practices of the Wayne County Sheriff’s Department and … According to the lawsuit, Wayne County Sheriff’s deputies seized …

Forfeiture Reform, Legal Pot Could Cost Wayne County’s Sting $500k+ Annually

‘They don’t even care about the criminal charges,’ says defense attorney

In 2017, the Wayne County Prosecutor’s Office set up a program … Push-Off. In 2017 and 2018, Wayne County seized more than 2,600 … practice called civil asset forfeiture, through which police and … effect on Aug. 7. The Wayne County Sheriff’s Office and the Wayne County Prosecutor’s Office didn’t …

Federal court severely curtails civil asset forfeiture in Michigan

How lawmakers should respond

Wayne County, which includes the city of Detroit, has long run … precedent may soon be set. Wayne County law enforcement officers … having it forfeited to the county government. The county can … People can challenge a forfeiture in court, but it is expensive … studying to become a nurse at Wayne County Community College. She …

Michigan Must Close Asset Forfeiture Loophole

Abuse in Highland Park illustrates need for reform

… charged with a crime, but Wayne County says nothing has been acted … crime. Under civil asset forfeiture laws, police can legally … reform Michigan’s civil asset forfeiture laws. This work helped pass … criminal conviction prior to forfeiture, in most cases. The bill … remaining in Michigan’s forfeiture law. The first problem …

No Charge For Vehicle Seizure Data Over Three Years, But Wayne County Wants $19k This Time

… 2017, officials of the Wayne County Sheriff’s Office stopped … years. In 2017 and 2018, Wayne County seized more than 2,600 … formally forfeited to the county by courts. The Mackinac Center … the vehicle seizures and forfeitures. Last year, the Wayne County Sheriff’s Office responded …

State Supreme Court limits asset forfeiture

Rules in favor of woman and a 2006 Saturn Ion

… charged with any crime, Wayne County then forfeited (took ownership) … that has fought civil asset forfeiture for decades, represented … Legislative changes have limited forfeiture, and this court decision … that Michigan law says a forfeiture can only be effectuated … least as it relates to drug forfeitures, must meet that standard. …

Michigan Must Close Asset Forfeiture Loophole

Abuse in Highland Park illustrates need for reform

… charged with a crime, but Wayne County says nothing has been acted … crime. Under civil asset forfeiture laws, police can legally … reform Michigan’s civil asset forfeiture laws. This work helped pass … criminal conviction prior to forfeiture, in most cases. The bill … remaining in Michigan’s forfeiture law. The first problem …

Law Enforcement Calls for Forfeiture Reform

… process known as civil asset forfeiture. Police can take cash, cars … witnessed firsthand the abuse of forfeiture, we urge legislators to … MSP, he taught civil asset forfeiture procedure to all state police … officer and supervisor for Wayne County’s “Operation Push-Off,” … intention behind civil asset forfeiture was to seize key assets …

Supreme Court: Constitution’s ‘Excessive Fines’ Clause Can Apply to Civil Asset Forfeiture

Will this have an effect in Michigan?

… in cases of civil asset forfeiture. The background of the … applies to civil in rem forfeitures. We disagree.” Michigan … activity. The state’s largest county, Wayne County, pulls people over in areas … police and prosecutors employ forfeiture to take someone’s property …

Wayne Prosecutor Endorsed By Attorney General Nessel Seized Poor Peoples' Cars

Took more than 2,600 cars over two years in aggressive sting operation

… endorsed the reelection of Wayne County Prosecutor Kym Worthy. … with the winner to appear on county ballots in the Nov. 3, 2020, … crime. In 2017 and 2018, Wayne County seized more than 2,600 … their vehicle seized in Wayne County, they have three options. … pay $900 or contest the forfeiture, so the county took the …

Democratic Attorney General Candidates Favor Civil Asset Forfeiture Reform

Bipartisan support for protecting property rights and due process

… property through civil asset forfeiture. According to documents … Legislature reform civil asset forfeiture and require a criminal conviction … previously worked in the Wayne County prosecutor’s office, which processes a lot of forfeitures every year. Here’s an excerpt … will not use civil asset forfeiture. But, if someone is found …

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 … subjective standard. In Wayne County, this means seizing the …

Michigan still has a way to go in reforming civil asset forfeiture, new report shows

Citizens lost property to law enforcement even without being charged with a crime

… exploiting laws on civil asset forfeiture. Forfeiture is a process by which the … people. Improvements in forfeiture laws in recent years have … of a crime. About 75% of forfeiture cases in Michigan are processed … without a court’s scrutiny. Wayne County recently received a rebuke …

Michigan Now Requires You to Be Guilty Before Losing Your Property — This is How We Got Here

… unity. The issue? Civil asset forfeiture. With a political split … most cases of civil asset forfeiture. The bills were passed nearly unanimously. Civil forfeiture is the process of transferring … Vaughn, an officer with Wayne County Sheriff’s Morality Unit … Thomas Williams of St. Joseph County said he spent 10 hours in …

One solution for three remaining problems with current forfeiture laws

… reforms made to Michigan’s forfeiture laws have led to fewer cases … problem with Michigan’s forfeiture laws is that too many cases … processed through the civil forfeiture system. Legal rules and deadlines used in civil forfeitures create many hoops people … instrumental to the crime. In Wayne County, for instance, law enforcement …

Endnotes

1 “Civil Forfeiture Reforms on the State Level” (Institute for … https://perma.cc/7D6P-AHUZ. 11 “Michigan Forfeiture” (Institute for Justice, … Hunter and Doug Guthrie, “Wayne Co. profits from police property … Criminal Activity Charged, Wayne County” (Michigan House Judiciary … 333.7523(1). 27 Tyler Arnold, “Wayne County Doubling Down On Forfeiture …

Man Who Speaks Out About Police Seizing His Property Without Charges is Arrested Hours Later

… and brought to the Van Buren County Jail where he spent the night … Enforcement Team, Lieutenant Wayne Eddington, did not return a … inquiring about civil asset forfeitures on Nov. 7. Eddington did … phone call and spoke about forfeitures in general terms but was … Confidential called the Van Buren County Clerk for a copy of Kowalski’s …

Property Seized, Money Taken – But No Crime

Video Report: How police confiscate property and freeze bank accounts without ever making an arrest

… engineer who lives in Van Buren County. In September, Kowalski came … 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. … commander of the unit, Lieutenant Wayne Eddington did not discuss these …

Historical examples of civil asset forfeiture abuse

… have endured through asset forfeiture. There are likely several … engineering and lives in Van Buren County. He is a medical marijuana … Thomas Williams of St. Joseph County said he spent 10 hours in … search warrant in Shiawassee County and found marijuana plants … back up. An officer with Wayne County Sheriff’s Morality Unit …

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

The website of the Wayne County Prosecutor’s Office gives high … criminal and civil cases,” the county claims. “These sensitive cases … offenses. The scheme involved Wayne County law enforcement officers … to obtain records of the forfeitures, and reporters wrote about … Information Act request, Wayne County turned over documents from …

Introduction

… the current civil asset forfeiture system is structured in … to seize property through forfeiture laws. For example, Republican … 70-year-old Joseph Puertas’s Oakland County home and business were raided … their safes if the County’s forfeiture of these assets is approved … Michael J. Talbot of the Wayne County Circuit Court ordered forfeiture …

Notes and References

… stories about victims of forfeiture laws, see Bovard, supra … Assets at Center of Fierce Forfeiture Battle, Detroit Free Press, … Toxicologist for Florida’s Dade County Medical Examiner’s Office, … A License to Steal: The Forfeiture of Property 136 (1996). … discretion. See People ex rel Wayne Co. Prosecutor v. Tate, 306 …

Real World Results

As a result of civil forfeiture laws, innocent citizens all over the country … engineering and lives in Van Buren County. He is a medical marijuana patient, … 2013, Thomas Williams of St. Joseph County said he spent 10 hours in handcuffs … waiting for Vaughn, an officer with Wayne County Sheriff’s Morality Unit accused …

Endnotes

… Golembiewski, "Sprawl Squeezes Tri-County," Lansing State Journal, July … its city limits. Data on county population and land use are taken from County Agricultural Statistics, 1996 … percent of the sites were in Wayne, Oakland, Ingham, and Crawford … Kochan, "Reforming Property Forfeiture Laws to Protect Citizens' …

All “MichiganVotes.org Weekly Roll Call Report” Votes for 2011

… Secretary of State of any upcoming county or state convention to nominate … matter of intense interest to county political establishments, … Convey closed prison to Wayne County Passed 25 to 12 in the … property in Northville to Wayne County or another local government, … enforcement funding through drug forfeiture money: Passed 34 to 2 in …

The Bills of September - Bills

House Bills 5285 to 5493; Senate Bills 786 to 882

… 5286 (Revise criminal asset forfeiture details) Introduced by Rep. … for buildings seized under forfeiture provisions of illegal drug … (Revise land grant to Calhoun County hospital) Introduced by Rep. … certain state land in Calhoun County formerly deeded to the American … to DNR) Introduced by Rep. Wayne Schmidt (R) on September 10, …