http://www.detnews.com/article/20091113/METRO/911130372/1409/METRO

 

I read a story today in The Detroit News by two staff writers (link to story above) about how the Wayne County Prosecutors office is seizing people’s property, and not charging them with a crime. Also law enforcement openly admits in some cases that the people did nothing remotely illegal. Yet they seized their vehicles anyway, at a cost of $900 the first time and $900 additional each subsequent time, plus towing and storage fees.

            Now Wayne County says that it has the right under two state statutes, MCL 600.3801, and MCL 333.7521 (MCL=Michigan Compiled Laws, same as Ohio Revised Code=ORC). The way I read the law states that MCL 600.3801 is specifically targeting prostitution, and is a nuisance abatement case. It also says that “Nuisance abatement cases are civil actions that are brought to halt a nuisance for the ‘public good’.” The keyword in this statement is that it is a “civil action”, which speaks to me that law enforcement has no place in being involved. MCL 333.7521 only has to do with monies involved with items subject to forfeiture, and has no real bearing in this matter.

            One critic of this practice believes that this is just state sponsored extortion. I have to concur with this belief. I have a hard time seeing Wayne County’s justification behind these seizures when no charges are filed or arrest made. Especially in light of such blatant misuse of the law, it’s almost criminal. In fact it is in some states, Ohio for example, police cannot take property from you without charging you for it, so as to be used as evidence against you. If they do take your property without charging you, then it’s called theft.

            I find this law to be in violation of the fourth amendment, protection from unreasonable search and seizure. Maybe even the fifth and sixth amendments, due process and trial by jury.