Detroit -- Efforts are under way to change Michigan's civil forfeiture laws that allow police to seize property without proving a crime occurred.
State law allows police to take property, usually vehicles, for any reason, even in the absence of criminal
activity. A Detroit News investigation in November found that vehicles
sometimes are seized even when police admit no crime took place.
Two Michigan lawmakers are working on separate bills that would restrict
police power over civil seizures. Meanwhile, a candidate for Wayne
County sheriff, who was in charge of a department that seized thousands
of vehicles over the past four years, says, if elected, he would
overhaul the seizure process in Wayne County.
"Under the current ordinance, there doesn't have to be a crime proven in order to seize someone's vehicle," said Walter Epps, a former
Wayne County sheriff's lieutenant who ran the department's Morality
Squad for more than four years. "But I feel if we're going to take
someone's car, the least we should do is to charge them with the crime
or issue them a ticket."
In one case, The News found that officers from the Morality Squad seized a Southgate man's vehicle after
he talked to a decoy prostitute -- even though the undercover officer
admitted in her written report that the man hadn't solicited her during
their brief conversation.
In another case, a Red Cross employee's vehicle was seized by the Morality Squad after she picked up
a co-worker at a Detroit bank. Because the vehicle owner's co-worker
had stood on a street corner making eye contact with passing motorists
while waiting for her ride, police determined she was acting like a
prostitute, even though she never was charged for soliciting.
Motorists must pay $900, plus towing and storage fees, to get their vehicles
back; otherwise, they become property of the seizing agency and usually
are sold at auction.
Two state lawmakers also are trying to pass laws to prevent police in Michigan from seizing people's property without officially accusing them of a crime.
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."
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