Two state legislators are working to pass a series of bills to change the way the state handles asset forfeitures. Currently, law enforcement agencies can seize property — cash, cars, homes — on the premise that the property was either used in the commission of a crime or procured through the profits of crime, but without ever even charging the property owner with the crime, much less convicting them of it. These bills would change that, according to the Detroit News:
State Rep. Gabe Leland, D-Detroit, introduced a package of bills in December that would require police to seek charges before seizing property.
“The intent of the legislation is simply to protect innocent people,” Leland said. “The legislation states that when a person’s vehicle is seized and they are either not charged with a crime or are determined to be not guilty, then they will not be responsible for any related towing or storage fees incurred during the investigation.”
Leland’s bills also would require authorities to return seized vehicles within seven days at no cost if no charges are filed.
State Sen. Tupac Hunter, D-Detroit, said he plans to introduce similar legislation later this month.
“Property seized during an investigation should be rightfully returned to the property owner if the owner has been found innocent, or is not found liable for a civil infraction,” Hunter said. “Something must be done to reform the property forfeiture laws in order to protect citizens’ rights. Michigan property owners should not have to fight for seized property that should be rightfully returned to them when innocence has been declared.”
These are a good start, but ultimately it should simply be illegal for the police to seize property at all without a criminal conviction.