Police Seize Property All The Time And It’s No Big Deal — Until They Want To Keep It
Keeping it is called ‘forfeiture,’ and a proposal to raise the bar is being considered
When the police have a reasonable suspicion that a crime has been committed — “probable cause” — they are permitted to seize a person’s property as evidence, or as part of an investigation. If the police pull over a car and smell marijuana, or if they see someone with a suitcase full of cash running away from a bank robbery, they can take possession of the car or the cash-stuffed suitcase. The legal term for this is “seizure,” and it happens all the time.
If those suspicions turn out to be correct, prosecutors can then petition a court to take actual ownership of the seized property through a process called forfeiture, and the property is said to be forfeited. While seizure is very common, since the police collect property as evidence related to an alleged crime, forfeiture is not common.
Forfeiture is a legal procedure involving prosecutors and courts. In Michigan and most states, it happens in civil court, or is done administratively if the owner of seized property does not file a claim to get it back.
Forfeiture can happen even if a person is never convicted or even charged with a crime. In 2016, one out of every 10 individuals in Michigan whose seized property was later forfeited to the authorities was never charged with a crime.
The Michigan Legislature is considering a bill to greatly reduce the possibility of this happening by requiring a conviction in most circumstances before civil asset forfeiture can occur. The requirement would have no effect on the work of the police when it comes to making seizures, but would set a higher bar for prosecutors who go for forfeiture.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
Love CapCon?
The best way you can help support our work is to become a donor. Give monthly or one-time. What do you say — buy our reporters a cup of coffee?
Airbnb Ban the Latest in Detroit’s Short-sighted Thinking
City council makes it harder to earn a living and visit a city desperate for population growth
Skyscrapers for large corporations and new arenas for wealthy owners of pro sports teams? The Detroit City Council has you covered. But if you want to live, work, visit or send your kids to school in the city, your endeavor is very difficult.
Detroit has the highest property and income taxes in Michigan. It has arguably the worst regulatory system in the state, creating high energy costs, a $400 “awning tax,” an $1,800 valet fee and restaurant startup costs four-and-half times more expensive than New York City. And Detroit imposes licensing rules above and beyond what the state requires, tacking on fees and regulations for landscapers, window washers, movers, sign erectors and people in other skilled trades.
The traditional public schools in Michigan’s largest city are arguably the worst in the country. Still, the city school district fights to limit alternatives for parents by refusing to sell vacant buildings to charter schools and other leaders have tried to restrict parental choice in other ways.
Recently, the City Council decided to take it a step further and make it more difficult to even visit the so-called “Comeback City.” City officials quietly banned homeowners from offering short-term rentals through services such as Airbnb. More than 47,000 visitors used these services last year, paying host families $5.2 million — and no doubt spending millions more at local businesses and restaurants.
If you’re a politically connected business, the city government in Detroit may roll out the welcome mat. But if you want to live, work or even just visit, you’ll likely face an uphill climb on a mountain imposed by the city government.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
More From CapCon