Property Seized, Money Taken, No Crime,,,,

[kentuckyrain]

Wladyslaw “Wally” Kowalski is a Ph.D. design engineer who lives in Van Buren County. In September, Kowalski came home to find his residence surrounded by police armed with a warrant. Officers searched the home and then hauled away his power generator and many expensive tools. They also froze his bank accounts, leaving Kowalski unable to pay his bills, student loan installments and taxes.

Last November, state police raided the home of southwest Michigan resident Thomas Williams. The rural resident spent 10 hours in handcuffs while officers searched his property. When they departed they took his car, television, phone and some emergency cash.

In both cases, neither Michigan resident was ever convicted or even charged with a crime. But law enforcement are still holding on to their property. They are able to do so because of a little known part of the criminal system called civil asset forfeiture.

The U.S. Constitution says that no one shall be deprived of their property without due process. But civil asset forfeiture is a legal tool by which law enforcement can seize property they claim to suspect has been involved in criminal activity.

Traditionally in Michigan, criminal fines were allocated to libraries, in part to avoid creating incentives that skew law enforcement more toward generating revenue than public safety. Asset forfeiture, however, is different. As a 2010 report from the Institute for Justice explained, “Law enforcement receives all proceeds of civil forfeiture to enhance law enforcement efforts, creating an incentive to pursue forfeiture more vigorously than combating other criminal activity.”

Those incentives contributed to more than $250 million in total forfeiture revenue being collected in Michigan since 2000. Reports from law enforcement agencies here show they collected over $20 million last year.

This has contributed to asset forfeiture becoming a revenue source for law enforcement agencies and big business in Michigan. Maj. Neill Franklin, a 34-year law enforcement veteran who led a drug enforcement team for the state police in Maryland, called the practice “extortion.”

“Today we’re taking property from people across this country and not charging them with crimes because we have no evidence on them that they are committing crimes,” said Franklin, who now serves as the executive director of LEAP (Law Enforcement Against Prohibition).

Williams, a retired home remodeler and grandfather, had no other means of communication besides what the police seized. He was stranded for three days.

Kowalski is a lighting design engineer who has written a number of manuals and textbooks on the use of ultraviolet light in the control of airborne disease, including work on bio-weapon defense systems for things like anthrax.

Both men are medical marijuana users and believe they were targeted because of aggressive policies by a multi-county drug enforcement unit run by the Michigan State Police. There are 28 such task forces in Michigan and the Southwest Enforcement Team, which was involved in these raids, is the largest collector of seized property outside the Detroit area. The commander of the unit, Lieutenant Wayne Eddington did not discuss these specific cases, but said he believes people are trying to profit from medical marijuana, thinking the law will protect them.

“You have people coming from out of state who aren’t even Michigan residents that will buy a home strictly to grow marijuana and traffic it out of state where marijuana is completely legal,” Eddington said.

The summons and complaint in the Williams case and the petition for seizure order in the Kowalski case give some clues to what triggered these particular raids and seizures of property. The case against Williams describes an earlier raid on a marijuana dispensary in Battle Creek, one hour from his home.

“I used to run a compassion club (there) three years ago and somehow they got my name off a piece of paper from when I rented the building and they took it to the judge and said I was (an) agent for a dispensary and they got a warrant to raid my house,” Williams said.

In the summons and complaint, which describes a sting of the dispensary, there is no mention of Williams engaging in illegal distribution. In fact, one witness stated that he “had turned the business of the Battle Creek Compassionate Center over” to Mr. William’s son and the witness and the father had nothing to do with the dispensary for months.

Unlike criminal warrants for arrest, seizure of property suspected of being used in drug crimes, or the proceeds from crimes, requires a lower burden of proof because they are civil matters.

Attorney Daniel Grow, who represents Williams, explains that civil asset forfeiture cases can occur before, during, or after criminal prosecution because they are separate matters.

“The system is set up so that there is an incentive for the average person to resolve their claim by a plea deal,” Grow said. “Very few of these cases go to trial because they’re average people that have usually never been in trouble before and try to follow Michigan’s medical marijuana act.”

Grow said forfeiture is common in criminal cases but also happens when there are no criminal charges. It is difficult to fight seizure asset cases without criminal charges because the person must subject themselves to interrogations, depositions and give up their right to silence, as in criminal matters.

Williams says he was told he could get his property back if he paid a fine of ten percent of the value, about $5,000.

For his case, Kowalski is dumbfounded as to why police picked on him. He had been using medical marijuana after surgery in 2003 for a torn mitral valve. His heart medication caused insomnia and marijuana helps him sleep. But he has no use for the drug recreationally.

“I never really liked it,” Kowalski said. “It made me foggy headed. I’m focused on research, science, books, writing. I didn’t find it conducive to that lifestyle.”

After Michigan passed the medical marijuana law, he applied for a card.

“The parameters seemed very simple: I could grow 12 plants and carry 2.5 ounces,” he said.

Kowalski wanted to grow his plants outdoors because it was less expensive and caused fewer mold problems. He checked with the local sheriff and built a five-foot, barbed wire fence around the garden. Soon after, he agreed to be a licensed caregiver to four other patients. Under the law, he was permitted to grow 12 plants for each person.

According to the seizure petition, police spotted his plants by helicopter and could see them from the road. Kowalski lives in a rural area and said it is not possible to see exactly what is growing inside his fence about 400 feet away.

Other allegations in the complaint state that Kowalski was growing his plants inside an area that did not have a roof or cover and that he was unable to produce two of the four caregiver cards. Kowalski says he didn’t have the documentation in his house at the time but did get it from the State of Michigan registry a few days later and provided it to police within a few days.

Police also claimed they found a “ledger” but Kowalski says it was a notebook that did not show sales of any sort. He says the book contained scientific data, calculations, phone numbers and miscellaneous writings, prose and song lyrics.

Kowalski also denies ever “selling” marijuana products, as stated in the complaint. He says he charged a compensation value of $4 per gram to his clients, and only provided a few grams at any one time. He was motivated more by compassion than profit.

“A lot of people around here are poor and my clients are poor and if they didn’t have the money, I just gave it to them for free,” Kowalski said.

The petition also states that Kowalski had business cards with a false address, stating his street number was 39416 instead of 39413. Kowalski said the cards had a typo on them and mistakenly handed the police a card from the bad batch.

Last Wednesday, after Michigan Capitol Confidential contacted the agency, prosecutors lifted the freeze on his bank accounts. But they still hold his property.

“I don’t think what I did, growing medical marijuana for myself and my clients, was such a terrible thing but the treatment I’m getting from the state police is extremely harsh,” Kowalski said.

He has been forced to sell some of the property he did retain in order to pay his bills.

“The primary goal of asset forfeiture is to deter and punish drug criminals by taking away the goods, property and money obtained through illegal activity,” states the 2014 Asset Forfeiture Report filed by the Michigan State Police.

But Maj. Franklin disagrees.

“Marijuana is the largest cash cow for law enforcement, as you think about civil asset forfeiture,” he said. “Here’s what we did with some people: We didn’t prosecute [them], they didn’t go to prison, and they didn’t go to court.  They weren’t convicted of [anything], but we would make a deal with them and they’d come to us and say, ‘Hey, I need my car to go to work,’ and we’d say, OK, if you give us XYZ amount of money, you can have your car back. So, literally, it’s extortion.”

Several bills have been introduced in the Michigan legislature that would make the forfeiture process more transparent or limit it without a criminal conviction. So far, they have been stalled at the urging of law enforcement agencies.

http://www.michigancapitolconfidential.com/20782

[outsideinthecold]

The typical mmj patient lives with over-zealous police practices and are as discriminated against as any other classification of humanity based on race, religion or ethnic background in my opinion.

[solabeirtan]

Last time I was in the LivCoCooler was 2008.  I found a tiny reciept tucked in the upper corner of the sweat pants I was wearing a couple of days after I posted bond  and was getting ready to throw them in the wash. It was the property reciept for the items they took off me and the subsequent search they conducted after I was firmly lodged in the LCJ. On the reciept was stated that if I wished to have my property returned I would have to post a 10% bond within 10 days of release. Which I did of course. They were reluctant to return my first cheap vaporizer and the nasty 5 or 6 grams which had been laying on the kitchen table prior to their untimely visit.  I donated it to them for educational purposes an I got back my dead pres. collection. Then I moved.

[Willy]

Makes ya wonder ,,, 

[Restorium2]

Medical Marijuana, and the process to make rules for it, has been a real eye opener into what is wrong with our relationship with law enforcement. Law enforcement lobbies legislatures to make ridiculously 'open' rules that let cops do whatever they want. Rules that grand juries have to follow. When I saw this rule that law enforcement lobbied for here in Michigan it became all too clear the problems we have with law enforcement all across the country. It's the pervasive 'push' for rules that will never work for us as a society, but seem to be like gravy rules for a cop. How can they even ask for rules like this with a straight face;

 

 

(2) THE TOTAL WEIGHT INDICATED ON THE PACKAGE LABELS IS NOT

 MORE THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B). THE

 INDICATED WEIGHT IS PRESUMED TO BE TRUE AND CORRECT. HOWEVER, THIS

 PRESUMPTION DOES NOT PROHIBIT A LAW ENFORCEMENT OFFICIAL FROM

 ARRESTING AN INDIVIDUAL IF THERE IS AN ARTICULABLE SUSPICION THAT

 THE INDICATED WEIGHT IS NOT CORRECT AND THE TOTAL WEIGHT IS GREATER

 THAN THE AMOUNT PERMITTED UNDER SUBSECTION

[Restorium2]

This is the crazy part;

 

ARRESTING AN INDIVIDUAL IF THERE IS AN ARTICULABLE SUSPICION 

[Restorium2]

How about a fine if the cops weighs it and it's off? Nope. If he even thinks it's off (and can articulate it) then you get arrested. Arrested means you lost all your rights with the MMM Act. 

[phaquetoo]

I had a mini van taken!  I was pulled over for speeding, 40 in a 30 mph zone on frazho and gratiot in east pointe, cops found a bottle with at least 20 vicodens in it, I peeled the lable off, It was an rx for 5/500, I had them for quite a while, my dr. bumped me to 10/500 and I stashed them in my van for emergency's, I had a script for them also but I peeled the lable off because it had a refill on it and once I had a bottle taken with a refill on it and the thief refilled the script before I noticed they were even gone!

 

Im sorry it was roseville p.d. they impounded my van, they took me to the station and right down to the narco squad, they wanted me to tell them where I got the vic's from!  I happily told them I got them from the corner of 11 mile and harper at the cvs and they guy was behind the counter wearing a white over shirt!!!   They kept me down in the narco area for hrs trying to get me to say I got them from someone other then the pharmacy, and it wasnt true either way I would not squeel but they had me on the lable not being on. so that in itself is against the law,,,,I had to go to court on the traffic ticket and got all of that taken care of, and asked how do I get my vehicle back?  I was told I had to put up a bond and fight for it in court!  I had a loan on the van with comarica and I needed that back, I still had 3 yrs of payments left on it!  an attny told me I most likly would lose the case because of the lable missing on the pill bottle,,

 

a few months later I got a summons to appear in circuit court for possesion, It was a suprise to me, I realy thought it was over, so I go to the hearing,,now im being charged for the drugs, I asked or a court appt attny like I always do!  the judge sends me to a drug pre court probation meeting, I thought it went real well, a few wks later I have my court date, my attny is like 3 hrs late, I sit in the court and see the judge is agreeing with all recomendations from the probation dept and handing out penaltys that I could not beleive, ,,well my attny finaly shows up, and asks me what did you tell the probation dept?  they recomended I get 6 months in jail,,so my attny is telling me what to say and not say, I realy cant even pay attn to the arse hole, he is telling me to accept what the judge says and say this and dont say that and so on,,,,,,,so we get in front of the judge and she asks me if I understand the charges(i was supposed to say yes)  I say no your honor I dont, I take an envelope of at least 5 yrs of rx's out of my pocket and say I dont know why im being charged for having my own medicine on me prescribed by my dr.    she turns to the attny and prosecutor and says were you both aware of this, and they act stupid and say no,,,,I say yes they were lol,,,,,the judge says I can not take this to trial at this time with the facts shown today,,,,,she asks me what I want to do, I say I want a new attny,,,she explains the cant give me another court appt one tha I would have to hire my own,,,,,I say I will hire my own,,,,they stopped the case until i get a new attny,,,,,,,,the first time my attny goes to court all drug charges are dropped,,,,but I still lost my vehicle!

 

Things need to change, now how can they keep my van for a speeding ticket?

 

Peace

 

p.s wow I have been in court to many times lol

[Restorium2]

And since that wording was for how much bud you put in an edible it is totally arbitrarily up to a cop to decide if your medible/edible is too strong or not. All he has to do is guess wrong and you can be arrested. 

 

I know we have great folks trying to make a change to this wording but that's not the point. The point is that law enforcement actually asked for this. I don't follow every single issue like I do with MM, so how many other rules did they slip to us?

[t-pain]

thanks for sharing phaque, i dont always say thanks but i always read your story. i think thats one of the problems is that hte victims of the police and court system dont talk to thier reps, dont talk to the media, dont talk to anyone just keep quiet and hope they dont get in more trouble.

 

we need to put sunshine on these sneaky fooks stealing peoples stuff and railroading people into jail and probation and jail and probation in a loop.

Edited December 5, 2014 by t-pain

[Restorium2]

It all starts with 'wording'. Once the wording is in place you are screwed royally. 

[phaquetoo]

Medical Marijuana, and the process to make rules for it, has been a real eye opener into what is wrong with our relationship with law enforcement. Law enforcement lobbies legislatures to make ridiculously 'open' rules that let cops do whatever they want. Rules that grand juries have to follow. When I saw this rule that law enforcement lobbied for here in Michigan it became all too clear the problems we have with law enforcement all across the country. It's the pervasive 'push' for rules that will never work for us as a society, but seem to be like gravy rules for a cop. How can they even ask for rules like this with a straight face;

 

 

(2) THE TOTAL WEIGHT INDICATED ON THE PACKAGE LABELS IS NOT

 MORE THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B). THE

 INDICATED WEIGHT IS PRESUMED TO BE TRUE AND CORRECT. HOWEVER, THIS

 PRESUMPTION DOES NOT PROHIBIT A LAW ENFORCEMENT OFFICIAL FROM

 ARRESTING AN INDIVIDUAL IF THERE IS AN ARTICULABLE SUSPICION THAT

 THE INDICATED WEIGHT IS NOT CORRECT AND THE TOTAL WEIGHT IS GREATER

 THAN THE AMOUNT PERMITTED UNDER SUBSECTION

How about they put a scale in their leo cars, and if they have articulable suspicion they can weigh it and let you go!

 

That would be to easy ...plus I wouldnt give them permission to weigh it, but it could get weighed and charges dropped imediatly!

 

Peace

[Restorium2]

How about they put a scale in their leo cars, and if they have articulable suspicion they can weigh it and let you go!

 

That would be to easy ...plus I wouldnt give them permission to weigh it, but it could get weighed and charges dropped imediatly!

 

Peace

Yes. But this is far worse when you drill down on it. It's a rule for how much buds you put in your edibles. You would have to label the edible with who grew the buds and how much they used to make the edible(s). If the cop even thinks the label is erroneous and it's over your 2.5 ounces you can be arrested. 

[t-pain]

or if the cop cant read your label handwriting.

or if the cop smudges the label with his greasy fingers....

 

or if your greasy cheeto fingers rub on it haha

[Restorium2]

Or if he's looking for an 'in'. It's like a 'go to jail for free' card. That's what cops like. They shouldn't ever have that. It bypasses all your rights. They actually asked our legislature for that. It wasn't any mistake. They are smart enough to know what they asked for. 

[bobandtorey]

How about a fine if the cops weighs it and it's off? Nope. If he even thinks it's off (and can articulate it) then you get arrested. Arrested means you lost all your rights with the MMM Act. 

 

 

And no Sec 8 will seal the deal for Leo

[bobandtorey]

How about they put a scale in their leo cars, and if they have articulable suspicion they can weigh it and let you go!

 

That would be to easy ...plus I wouldnt give them permission to weigh it, but it could get weighed and charges dropped imediatly!

 

Peace

Sure Jim

[phaquetoo]

Sure Jim

its free to dream!

 

Peace

[bobandtorey]

its free to dream!

 

Peace