One more win over Detroit’s civil forfeiture racket

John:

Yesterday, the Michigan Supreme Court delivered another win in IJ’s ongoing fight against Detroit’s abusive vehicle forfeiture scheme, which seizes cars from its most vulnerable people and ransoms them back for huge fees. IJ client Stephanie Wilson can keep her car after the Court ruled Michigan forfeited it illegally.

Stephanie first encountered this rigged game when she tried to give her ex-boyfriend, who was sometimes homeless and drug-addicted, a ride to his mother’s house. Almost immediately, police pulled her over and seized the car. Police found no drugs or other evidence of a crime, but Michigan took the car anyway through civil forfeiture by claiming it had been used to transport drugs(!).

After months without her car, Stephanie used her tax refund to buy a 2006 Saturn Ion. Again, her ex-boyfriend begged her for a ride, and again police pulled Stephanie over and seized the car under an anti-drug law, despite again not finding any drugs.

So, Stephanie and other victims joined with IJ to shut down Detroit’s abusive tactics in a federal class-action lawsuit. Along with IJ, she also fought back in the state forfeiture case against her car. A court ordered the return of Stephanie’s car, but Michigan appealed. When the court of appeals sided with the state, Stephanie and IJ petitioned the Michigan Supreme Court, which agreed to hear the case.

“I have had to face many hardships from not having a vehicle and I hope this great decision will prevent other people from going through this ordeal.”

- Stephanie Wilson

Now, the state’s highest court has ruled in a 6-1 decision that, even accepting the state’s version of events—which wrongly claim Stephanie gave her ex a ride to buy drugs—the state had no basis to forfeit her car. Giving a ride to a drug user is not the same as transporting drugs.

This decision follows IJ’s sweeping victory last year at a federal appeals court, which ruled Detroit must hold court hearings within two weeks of a vehicle being seized. Stephanie and other Motor City motorists waited months without seeing a judge, all while prosecutors pressured them to pay to get their cars back.

As we press forward in our federal class-action lawsuit to end Detroit’s vehicle forfeiture program once and for all, this state high court decision will help curb Wayne County’s prolific forfeiture machine by making clear that innocent people should not be targeted by forfeiture laws.

It shouldn’t take a team of lawyers and a state supreme court to end the unlawful forfeiture of a 2006 Saturn (Blue Book value: $3,092—even in today’s inflated car market). Make a donation to help IJ defend our clients no matter how long their cases take and to establish precedent that will protect as many property owners as possible.

We will continue to keep you updated on all of our efforts to protect property owners nationwide.

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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