Watchdog group gives Michigan a 'D-' on forfeiture laws

Michigan ranks as one of the worst states in the nation when it comes to protecting citizens from abusive property seizures by police agencies, followed only by Georgia, Texas, Virginia and West Virginia, according to a 2010 nationwide study by a nonprofit watchdog group.

In giving Michigan a "D-" grade, the study, "Policing for Profit," commissioned by the Institute for Justice, found that Michigan law enforcement agencies have a high "profit motive" to seize property since they get to keep it, that the state puts an excessive burden on the property owners to prove their innocence, and that police have a low burden when it comes to proving that property they want to seize is related to criminal activity.

"Michigan," the researchers said bluntly, "has bad forfeiture laws."

While Michigan legislators are talking about new laws to stop abuses, other states have passed sweeping reforms, specifically North Carolina and Minnesota.

Both states require a criminal conviction before police can seize property, and, in North Carolina, the proceeds go into the general state fund, not police coffers.

Those who track civil asset forfeitures predict other states will soon follow suit.

"This has become an important issue for the left, the right and the middle, just like drug policy reform," said Maj. Neill Franklin, a 34-year-veteran of the Maryland State Police and Baltimore Police departments.

Franklin, now retired, oversaw several drug task forces and property seizures in those years. He is now an outspoken critic of what he views as the failed war on drugs, and said forfeitures, while once used to bring down major drug traffickers, are now being used to harm ordinary citizens. "We know that it is wrong and in some cases illegal, and we know it can happen to any one of us."

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