Top Stories

The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

HIV-AIDS-small
By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

foreclosure
By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

epa_logo
By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

Bills would limit asset forfeiture in state

By Ed Brayton | 02.15.10 | 7:52 am

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.

Comments

  • follyb

    Seizure and forfeiture of assets is becoming more and more pervasive in this country. To see the 700 to 800 pages of property the US Gov is taking from
    citizens, many of whom are never charged with, much less convicted of a crime
    see “forfeiture.gov”—your property can be taken on the lowest possible standard
    “probable cause”—to even think about getting it back, you must file a claim, using
    an attorney and complying with absolutely strict standards….at that point, the
    Gov. will file a judicial court case against your property (in rem civil forfeiture)—
    requiring more attorney fees, motions, a jury trial, etc.—and to top that off—
    they may “stay” the civil case for possibly YEARS if your property gets tied up
    an a companion criminal case, even if it does not involve you, the innocent owner. Your day in court will come at the “ancillary Hearing” possibly months
    after the conclusion of a criminal trial—where again, you must file a claim under
    strict standards, and appear in court to fight for the return of your property…..
    then to top it all off…. If for instance, the Gov. was holding your money, you are
    NOT entitled to either interest or attorney fees for your trouble—as Congress did
    not authorize it in this case (see US v Nolasco 3rd circuit 2009)….only if you go back and prevail in the civil case, and that's only after fighting tooth and nail….and the Gov. will still fight you for the amount you had to pay your attorney! (he charged too much…we're only going to pay you this much)
    When it comes to the Constitution and property—-only life and liberty count—
    property….they will take and take and take. Over 250 Federal statutes now
    authorize the forfeiture of citizens property…abd Congress is allowing this.

  • follyb

    Seizure and forfeiture of assets is becoming more and more pervasive in this country. To see the 700 to 800 pages of property the US Gov is taking from
    citizens, many of whom are never charged with, much less convicted of a crime
    see “forfeiture.gov”—your property can be taken on the lowest possible standard
    “probable cause”—to even think about getting it back, you must file a claim, using
    an attorney and complying with absolutely strict standards….at that point, the
    Gov. will file a judicial court case against your property (in rem civil forfeiture)—
    requiring more attorney fees, motions, a jury trial, etc.—and to top that off—
    they may “stay” the civil case for possibly YEARS if your property gets tied up
    an a companion criminal case, even if it does not involve you, the innocent owner. Your day in court will come at the “ancillary Hearing” possibly months
    after the conclusion of a criminal trial—where again, you must file a claim under
    strict standards, and appear in court to fight for the return of your property…..
    then to top it all off…. If for instance, the Gov. was holding your money, you are
    NOT entitled to either interest or attorney fees for your trouble—as Congress did
    not authorize it in this case (see US v Nolasco 3rd circuit 2009)….only if you go back and prevail in the civil case, and that's only after fighting tooth and nail….and the Gov. will still fight you for the amount you had to pay your attorney! (he charged too much…we're only going to pay you this much)
    When it comes to the Constitution and property—-only life and liberty count—
    property….they will take and take and take. Over 250 Federal statutes now
    authorize the forfeiture of citizens property…abd Congress is allowing this.