Mackinac Center & Civil Asset Forfeiture

[zachw]

First, from last month: Key Part of Civil Asset Forfeiture Law Ruled Unconstitutional

 

 

 

When Shantrese Kinnon and her husband were arrested on drug charges in Kent County, the police searched her home and seized some property, including a GMC Denali, a Chevrolet El Camino, a motorcycle, a tablet, a laptop, and nearly $400 in cash from her purse.

 

Even though the couple had not yet been convicted of a crime, a scheme known as civil asset forfeiture allows law enforcement to keep the property with the burden of proof on the Kinnons to get it back. Shantrese tried to challenge the forfeitures of the seized items and get her property back but found she couldn’t afford to. The state requires her to post a bond equal to 10 percent of the value of the property – over $2,000 – before it proceeds.

 

But Kinnon was only able to come up with a little over $1,000, meaning that she was only able to challenge the forfeiture of the items that she could afford to post bond for. She would automatically lose her ownership rights to the others, even if she were innocent of the charges.

 

The Mackinac Center is mentioned in the article. They are involved with trying to reform civil asset forfeiture, often used before conviction and frequently used as a major funding source for some local police departments!  Interesting interview with policy analyst Jarrett Skorup here:

The government can take your property without convicting you of a crime

Edited September 10, 2016 by zachw