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Civil asset forfeiture

Civil asset forfeiture. board of police commissioners Presentation – August 22, 2019. presenters. Jermaine Wyrick, J.D. Attorney to the Detroit Board of Police Commissioners Melanie White, J.D. , M.P.A. Executive Manager of Policy, Detroit Board of Police Commissioners.

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Civil asset forfeiture

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  1. Civil asset forfeiture board of police commissioners Presentation – August 22, 2019

  2. presenters • Jermaine Wyrick, J.D. Attorney to the Detroit Board of Police Commissioners • Melanie White, J.D. , M.P.A. Executive Manager of Policy, Detroit Board of Police Commissioners

  3. What is civil asset forfeiture? • Civil Asset Forfeiture allows law enforcement to confiscate and seize property based on illegal drug trafficking, human trafficking, organized crime, and other illegal activity. It allows law enforcement to fight and deter crime. • American Civil Liberties Union (ACLU): “Civil Asset Forfeiture allows police to seize – and then keep or sell – any property they allege is involved in a crime. [Historically], owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.” See also Timbs v. Indiana, 586 U.S. __ 2019.

  4. Michigan’s THREE BI-PARTISANcivil asset forfeiture BILLS • Recent Supreme Court Case Decision Timbsv. Indiana, 586 U.S. __ 2019. • Michigan Governor Gretchen Whitmer signed into law new bills providing fairness and greater legal protections in drug cases. • Three Bi-Partisan Bills of Importance: • Public Act 7 of 2019, 2019 Senate Bill 2 • Public Act 8 of 2019, 2019 House Bill 4001 • Public Act 9 of 2019, 2019 House Bill 4002

  5. MICHIGAN COMPILED LAWS 333.7523 • The law now prohibits law enforcement in the State of Michigan from permanently taking ownership of an individual’s cash and property in drug cases unless certain criteria is met: • Conviction; or • Money or Property Value exceeds $50,000, excluding value of contraband; • Other Criteria contained in Michigan Statutes

  6. MICHIGAN COMPILED LAWS 333.7523 • Conviction or Guilty Plea Not Required: • No person claims interest in property; • Owner allows the forfeiture; • An accused person has been charged • but cannot be extradited back to Michigan or • accused person has not been located.

  7. MICHIGAN COMPILED LAWS 333.7523 • When money or property value does not exceed $50,000: • Notification to Owner; Prosecuting Attorney, Attorney General if applicable intent to dispose of property; • Person claiming interest may file a written claim within 20 days after receipt of notice; • If no claim filed within 20 days, and subject to whether criminal proceedings are completed, law enforcement shall • Declare property forfeited; • Dispose of property under Section 7524; • Retain for official use; • Sell property not required to be destroyed, etc.

  8. Michigan’s PUBLIC ACTcivil asset forfeiture laws • Public Act 368 of 1978, Michigan Compiled Laws 333.7523 Amended • Date of Effect for Amendment: • August 7, 2019

  9. Questions submitted to the department • What is Civil Asset Forfeiture? • What is the Department’s process for forfeiting property? • Has the Department updated its policies and procedures based on the new bill(s) Michigan Governor Gretchen Whitmer signed into law this year? See 2019 House Bill 4001, 2019 House Bill 4002, and 2019 Senate Bill 2. • How is Civil Asset Forfeiture helpful and/or harmful to the residents or the City? • What is the step-by-step process for individuals to obtain property after their case has been dismissed? Adjudicated? • If property release steps are not followed through, who takes responsibility; how is the matter resolved? • Where does the money and/or property go once permanently forfeited?

  10. References • U.S. Constitution Eighth Amendment Prohibition Against Excessive Bail and Excessive Fines, Cruel and Unusual Punishment • U.S. Constitution Fourteenth Amendment Equal Protection Clause and Due Process Clause • Timbs v. Indiana, 586 U.S. __ 2019. See also Timbsv. Indiana, 139 S. Ct. 682, 203 L. Ed. 2d 11, 2019 U.S. LEXIS 1350, 27 Fla. L. Weekly Fed. S 642, 2019 WL 691578. • Drug Asset Forfeiture Michigan Compiled Laws (MCL) 333.7521 • MCL 333.7521a • MCL 333.7522 • Forfeiture Proceedings MCL 333.7523 • MCL 333.7523a • Disposition of Forfeited Property MCL 333.7524 • MCL 333.7524b • Detroit Police Department Training Directive Civil Asset Forfeiture 17-09 • American Civil Liberties Union (ACLU) Asset Forfeiture Abuse, https://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/asset-forfeiture-abuse.

  11. References CONT. • Drag Racing Forfeiture (MCL 257.626) • Nuisance Abatement (MCL 600.3801) • Felony Identity Theft (MCL 445.79) • OWI Repeat Offender (MCL 257.625) • Omnibus Forfeiture (MCL 600.4701)

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