State lawmakers consider changes in forfeiture laws

Michigan lawmakers are considering new legislation to reform the state's civil asset forfeiture laws, but some critics say the bills, if passed, are only the first step in stopping abuses by police agencies.

The current laws allow police to seize citizens' property if they suspect the property — including homes, vehicles and cash — was obtained through illegal activity. The police keep the property even when there is not enough evidence to charge the citizen with a crime.

Lee McGrath, legislative counsel for the Institute for Justice, a nonprofit public interest law firm that helps homeowners and business owners fight to get their property back, said there is a myth "that these forfeitures target big international criminal syndicates that traffic in hundreds of thousands of dollars in illegal drugs."

"I don't think the common seizure you see in Michigan is anything like that," said McGrath, whose organization is backing the legislation but feels civil forfeiture laws need to be eliminated.

The Detroit Free Press detailed in February how state and local law enforcement agencies seized $24.3 million in cash and property from citizens in 2013 under the state's forfeiture laws, even though in many cases there was not enough evidence to bring criminal charges. Some states, most recently New Mexico in April, have ended civil asset forfeitures, noting abuses.

Tuesday, the Michigan House judiciary committee heard testimony on five bills that would, among other things, require a higher level of evidence that a crime had been committed before a seizure could take place. Currently, law enforcement has to show the lowest level — a preponderance of evidence. Under the new bill, police would have to have "clear and convincing" evidence of criminal activity.

The bills would also mandate that local agencies provide detailed reporting to the Michigan State Police about what they seized, whether there were any criminal charges brought or any convictions, and how the money was spent.

Currently, agencies report at will. In 2013, 286 of 691 police agencies submitted information to the MSP about their forfeitures, another 349 reported they did not participate in forfeiture activity, and 56 agencies didn't report at all.

In addition, the committee is considering a bill that would prohibit police from seizing cars in cases where a person is found to have less than an ounce of marijuana.

Currently law enforcement will seize cars if marijuana is found on the driver or in the car, arguing that the vehicle was used in illegal drug trafficking. Under the new proposal, under one ounce would be considered as "personal use" and could not be considered as a criminal enterprise.

The committee may take additional testimony, and is expected to vote on the package of bills within weeks. It would then go to the house and then the senate.

McGrath, who testified before the judiciary committee Tuesday, called the legislation "a solid first step toward the ultimate goal of ending civil forfeiture."

"Most of these items deal with reporting, which is a critical first step, because you need more details about how seizures are happening."

Better reporting, he said, will provide the Legislature with the context to change public policy once lawmakers see that police are not using the forfeiture laws to target big drug dealers.

Minnesota, unlike Michigan, has strict reporting rules. The numbers show that police, in 95% of the cases, seize small amounts of cash, usually under $6,000, and old cars. The majority are older than 12 years. "That's the kind of information that can shape the debate," McGrath said.

The Mackinac Center, the conservative think tank, will hold a public forum Wednesday on civil asset forfeitures and proposed reforms, beginning at noon at the state Capitol. McGrath is a featured speaker, along with Dan Korobkin, deputy legal director of the ACLU of Michigan. The forum will be moderated by Jeff Irwin, a Democrat and state representative from Ann Arbor and co-sponsor of the new legislation.

Registration begins at 11:30 in rooms 402-403. For information, contact the Mackinac Center at 989-698-1905.

Contact L.L. Brasier: 248-858-2262 or lbrasier@freepress.com