Federal Appeals Court Rules Detroit's Asset Forfeiture Violates Due Process Rights of Drivers

Source: Reason

Federal Appeals Court Rules Detroit's Asset Forfeiture Violates Due Process Rights of Drivers

A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."

C.J. CIARAMELLA | 9.1.2023 11:23 AM

A panel of federal appellate judges unanimously ruled Thursday that Detroit's practice of seizing people's cars for months at a time before giving them a chance to contest the seizure violates vehicle owners' 14th Amendment right to due process.

The U.S. Court of Appeals for the 6th Circuit, agreeing with a lower U.S. district court, found that Michigan's Wayne County, which includes Detroit, "violated that Constitution when it seized plaintiffs' personal vehicles—which were vital to their transportation and livelihoods—with no timely process to contest the seizure."

The 6th Circuit ruled that Wayne County must provide car owners a post-seizure court hearing within two weeks. Maria Miller, a spokesperson for the Wayne County Prosecutor's Office (WCPO), said the office is currently determining its next steps in light of the decision.

The ruling is a victory for the rights of car owners, a sharp rebuke of a greedy local government, and a preview of an important issue that will soon be before the Supreme Court. As Reason's Billy Binion reported in July, the Supreme Court has taken up a case to decide if property owners are entitled to a probable cause hearing after a seizure, and how soon if so.

The plaintiffs in the class-action lawsuit—filed in 2020 by the Institute for Justice, a libertarian-leaning public interest law firm— ...

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Read more: https://reason.com/2023/09/01/federal-appeals-court-rules-detroits-asset-forfeiture-violates-due-process-rights-of-drivers/