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The Motor City Wants Your Car Back: Civil Forfeiture in Detroit
Posted By Alyssa Hazelwood On October 28, 2013 @ 4:52 pm In Legal | Comments Disabled
To most Americans, attending a party at a downtown art institute is a fun, cultural experience. But for the 130 people attending “Funk Night” at the Contemporary Art Institute of Detroit in 2008, a fun night out morphed  into a scene out of an action movie. Armor-clad police stormed the party, forced attendees to the floor, and seized 44 vehicles from those in attendance.
What heinous crime necessitated this treatment? It turned out that, unbeknownst to Funk Night patrons, the Art Institute failed to get a permit to serve alcohol. Using Prohibition-era reasoning combined with modern civil asset forfeiture law , the police determined that everyone there was complicit simply because they had attended the party.
And because the cars were used to transport their users to the party, the cars were also “guilty” and subject to seizure. Police even seized a car parked in a friend’s driveway over a mile away  from the Art Institute. Attendees had to pay $900 each to have their vehicles returned.
Following this reasoning, every time a person enters a venue where alcohol is served, he would be responsible for ensuring the venue has a proper permit, even if he doesn’t plan on imbibing. Think about the last time you visited your local bar: Did you ask about an alcohol permit?
Thankfully, a federal district court judge  held the Funk Night seizures unconstitutional, calling the incident part of a “widespread practice” of detaining everyone present at a venue without an alcohol permit, searching them, and seizing their cars simply because of their presence.
The judge, using her common sense and applying Michigan law inferring a mens rea requirement in statutes silent on the subject , reasoned that, in Michigan, if a person doesn’t know what he was doing is illegal, he can’t be guilty. And if the person driving the car isn’t guilty, the car can’t be guilty.
It may be hard to believe, but this isn’t an exceptional case in Detroit:
Even with judges willing to restrain these abuses on a case-by-case basis, it’s unlikely the abuses of civil asset forfeiture will stop. While there are honest uses of civil forfeiture law, it’s a big money-maker for law enforcement, which often gets to keep the property it seizes . This sometimes leads to a focus on raising revenue rather than maintaining law and order. In 2007, for example, Metro Detroit agencies made over $20 million from seizures.
Civil asset forfeiture laws are broad and complicated, making it easy for law enforcement to seize property and difficult for people to challenge such seizures. In the words  of former Macomb County, Michigan, prosecutor Carl Malinga, “It’s a money grab pure and simple; a sneaky way of getting a penalty on something prosecutors can’t prove. It’s like shooting fish in a barrel.”
Hopefully, Congress and state legislatures will wake up and rein in this practice.
Article printed from The Foundry: Conservative Policy News from The Heritage Foundation: http://blog.heritage.org
URL to article: http://blog.heritage.org/2013/10/28/the-motor-city-wants-your-car-back-civil-forfeiture-in-detroit/
URLs in this post:
 Image: http://blog.heritage.org/wp-content/uploads/detroit-michigan-skyline.jpg
 morphed: http://www.aclumich.org/issues/search-and-seizure/2010-02/1420
 civil asset forfeiture law: http://blog.heritage.org/2013/10/03/help-the-government-took-my-property/
 over a mile away: http://www.aclumich.org/sites/default/files/CAIDComplaint.pdf
 federal district court judge: http://www.aclumich.org/sites/default/files/CAIDRuling.pdf
 mens rea requirement in statutes silent on the subject: http://www.heritage.org/research/reports/2013/04/the-need-for-a-mistake-of-law-defense-as-a-response-to-overcriminalization
 Jacque Sutton: http://www.detroitnews.com/article/20091112/METRO/911120388/Police-property-seizures-ensnare-even-the-innocent
 seized: http://www.detroitnews.com/article/20091113/METRO/911130372/Wayne-Co.-profits-from-police-property-seizures
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