August 8th, 2024

Michigan Supreme Court Puts Another Dent in State's Abusive Forfeiture Laws

The Michigan Supreme Court ruled against abusive asset forfeiture practices, requiring law enforcement to provide evidence of drug trafficking for seizures, emphasizing due process and potentially prompting further reforms in the state's laws.

Read original articleLink Icon
Michigan Supreme Court Puts Another Dent in State's Abusive Forfeiture Laws

The Michigan Supreme Court has made a significant ruling against the state's asset forfeiture laws, particularly affecting Wayne County's practices. Historically, Michigan's law enforcement has seized vehicles and cash under questionable circumstances, often without sufficient evidence of criminal activity. A recent class action lawsuit led by the Institute for Justice has challenged these practices, resulting in a decision that requires law enforcement to provide concrete evidence of drug trafficking before seizing property. The case involved a woman, Stephanie Wilson, whose car was taken after a traffic stop linked to alleged drug activity, despite no drugs being found in her vehicle. The court emphasized that mere association with suspected drug transactions is insufficient for forfeiture; actual evidence of intent to sell or receive illicit property must be present. This ruling aims to protect citizens from arbitrary seizures and reinforces the need for due process in forfeiture cases. As a result, Wilson will regain her vehicle, and the ruling may lead to further reforms in Michigan's forfeiture laws.

- The Michigan Supreme Court has ruled against abusive asset forfeiture practices.

- Law enforcement must now provide evidence of drug trafficking to justify seizures.

- The ruling stems from a case involving a woman whose car was seized without sufficient evidence.

- The decision emphasizes the need for due process in forfeiture cases.

- This ruling may prompt further reforms in Michigan's asset forfeiture laws.

Link Icon 2 comments
By @wackycat - 7 months
Can someone with legal expertise or knowledge on this topic explain to me in simple terms how on earth asset forfeiture without conviction can exist in a country that claims to have due process? How has it been legally justified?
By @bell-cot - 7 months
As a long-time resident - I'd say that most of Wayne Co. (Michigan) government has had a well-deserved reputation for self-serving rot, for >50 years.