Civil asset forfeiture Good afternoon, Your Honorable Board of Police Commissioners. Introduction of Presenters board of police commissioners Presentation – August 22, 2019

presenters Jermaine Wyrick, J.D. Attorney to the Detroit Board of Police Commissioners Melanie White, J.D. , M.P.A. Executive Manager of Policy, Detroit Board of Police Commissioners

What is civil asset forfeiture? Civil Asset Forfeiture allows law enforcement to confiscate and seize property based on illegal drug trafficking, human trafficking, organized crime, and other illegal activity. It allows law enforcement to fight and deter crime. American Civil Liberties Union (ACLU): “Civil Asset Forfeiture allows police to seize – and then keep or sell – any property they allege is involved in a crime. [Historically], owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.” See also Timbs v. Indiana, 586 U.S. __ 2019. Starting on page 3 of this PowerPoint, Civil Asset Forfeiture allows law enforcement to confiscate and seize property based on illegal drug trafficking, human trafficking, organized crime, and other illegal activity. It allows law enforcement to fight and deter crime. According to the American Civil Liberties Union (ACLU), “Civil Asset Forfeiture allows police to seize – and then keep or sell – any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.” See also Timbs v. Indiana, 586 U.S. __ 2019.

Michigan’s THREE BI-PARTISAN civil asset forfeiture BILLS Recent Supreme Court Case Decision Timbs v. Indiana, 586 U.S. __ 2019. Michigan Governor Gretchen Whitmer signed into law new bills providing fairness and greater legal protections in drug cases. Three Bi-Partisan Bills of Importance: Public Act 7 of 2019, 2019 Senate Bill 2 Public Act 8 of 2019, 2019 House Bill 4001 Public Act 9 of 2019, 2019 House Bill 4002 Michigan’s Three Bi-Partisan Civil Asset Forfeiture Bills Three Bi-Partisan Bills of Importance: Based on the recent Supreme Court Case decision, Michigan Governor Gretchen Whitmer signed into law new bills ensuring fairness and greater legal protections relating to drug-related crimes. Public Act 7 of 2019, 2019 Senate Bill 2: Require conviction for seized property forfeiture; revises procedural details for reimbursement claims Public Act 8 of 2019, 2019 House Bill 4001: Require conviction for property forfeiture Public Act 9 of 2019, 2019 House Bill 4002: Requires seized property to be returned in 90 days if there has been no arrest, or charges are dropped, or owner has been acquitted.

MICHIGAN COMPILED LAWS 333.7523 The law now prohibits law enforcement in the State of Michigan from permanently taking ownership of an individual’s cash and property in drug cases unless certain criteria is met: Conviction; or Money or Property Value exceeds $50,000, excluding value of contraband; Other Criteria contained in Michigan Statutes The law now prohibits law enforcement in the State of Michigan from permanently taking ownership of an individual’s cash and property in drug cases unless certain criteria are met: Conviction Money or Property Value exceeds $50,000, excluding value of contraband Other criteria contained in Michigan Statutes

MICHIGAN COMPILED LAWS 333.7523 Conviction or Guilty Plea Not Required: No person claims interest in property; Owner allows the forfeiture; An accused person has been charged but cannot be extradited back to Michigan or accused person has not been located. A Conviction or Guilty Plea is Not Required in either of the below listed cases: No one claims interest in property; Owner allows the forfeiture; An accused person has been charged but cannot be extradited back to Michigan; or has not been located.

MICHIGAN COMPILED LAWS 333.7523 When money or property value does not exceed $50,000: Notification to Owner; Prosecuting Attorney, Attorney General if applicable intent to dispose of property; Person claiming interest may file a written claim within 20 days after receipt of notice; If no claim filed within 20 days, and subject to whether criminal proceedings are completed, law enforcement shall Declare property forfeited; Dispose of property under Section 7524; Retain for official use; Sell property not required to be destroyed, etc. When money or property value does not exceed $50,000: Notification to owner; Notification to Prosecuting Attorney, Attorney General if applicable intent to dispose of property; Person claiming interest may file a written claim within 20 days after receipt of notice; If no claim filed within 20 days, and subject to whether criminal proceedings are completed, law enforcement shall Declare property forfeited; Dispose of property under Section 7524; Retain for official use; Sell property not required to be destroyed, etc.

Michigan’s PUBLIC ACT civil asset forfeiture laws Public Act 368 of 1978, Michigan Compiled Laws 333.7523 Amended Date of Effect for Amendment: August 7, 2019 Date of Effect for Amendment:   Public Act 368 of 1978, Michigan Compiled Laws 333.7523 August 7, 2019

Questions submitted to the department What is Civil Asset Forfeiture? What is the Department’s process for forfeiting property? Has the Department updated its policies and procedures based on the new bill(s) Michigan Governor Gretchen Whitmer signed into law this year? See 2019 House Bill 4001, 2019 House Bill 4002, and 2019 Senate Bill 2. How is Civil Asset Forfeiture helpful and/or harmful to the residents or the City? What is the step-by-step process for individuals to obtain property after their case has been dismissed? Adjudicated? If property release steps are not followed through, who takes responsibility; how is the matter resolved? Where does the money and/or property go once permanently forfeited? What is Civil Asset Forfeiture? What is the Department’s process for forfeiting property? Has the Department updated its policies and procedures based on the new bill(s) Michigan Governor Gretchen Whitmer signed into law this year? How is Civil Asset Forfeiture helpful and/or harmful to the residents or the City? What is the step-by-step process for individuals to obtain property after their case has been dismissed? Adjudicated? If property release steps are not followed through, who takes responsibility and how is the matter resolved? Where does the money and/or property go once permanently forfeited?

References U.S. Constitution Eighth Amendment Prohibition Against Excessive Bail and Excessive Fines, Cruel and Unusual Punishment U.S. Constitution Fourteenth Amendment Equal Protection Clause and Due Process Clause Timbs v. Indiana, 586 U.S. __ 2019. See also Timbs v. Indiana, 139 S. Ct. 682, 203 L. Ed. 2d 11, 2019 U.S. LEXIS 1350, 27 Fla. L. Weekly Fed. S 642, 2019 WL 691578. Drug Asset Forfeiture Michigan Compiled Laws (MCL) 333.7521 MCL 333.7521a MCL 333.7522 Forfeiture Proceedings MCL 333.7523 MCL 333.7523a Disposition of Forfeited Property MCL 333.7524 MCL 333.7524b Detroit Police Department Training Directive Civil Asset Forfeiture 17-09 American Civil Liberties Union (ACLU) Asset Forfeiture Abuse, https://www.aclu.org/issues/criminal-law- reform/reforming-police-practices/asset-forfeiture-abuse. U.S. Constitution Eighth Amendment, Prohibition against Excessive Bail, Excessive Fines, and Cruel and Unusual Punishment U.S. Constitution Fourteenth Amendment Equal Protection Clause and Due Process Clause Public Act 368 of 1978, Michigan Compiled Laws 333.7521 Public Act 368 of 1978, Michigan Compiled Laws 333.7521a Public Act 368 of 1978, Michigan Compiled Laws 333.7522 Public Act 368 of 1978, Michigan Compiled Laws 333.7523 Public Act 368 of 1978, Michigan Compiled Laws 333.7523a Public Act 368 of 1978, Michigan Compiled Laws 333.7524 Public Act 368 of 1978, Michigan Compiled Laws 333.7524b Detroit Police Department Training Directive Civil Asset Forfeiture 17-09 American Civil Liberties Union (ACLU) Asset Forfeiture Abuse, https://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/asset-forfeiture-abuse.

References CONT. Drag Racing Forfeiture (MCL 257.626) Nuisance Abatement (MCL 600.3801) Felony Identity Theft (MCL 445.79) OWI Repeat Offender (MCL 257.625) Omnibus Forfeiture (MCL 600.4701) U.S. Constitution Fourteenth Amendment Due Process Clause Public Act 368 of 1978, Michigan Compiled Laws 333.7521 Public Act 368 of 1978, Michigan Compiled Laws 333.7521a Public Act 368 of 1978, Michigan Compiled Laws 333.7522 Public Act 368 of 1978, Michigan Compiled Laws 333.7523 Public Act 368 of 1978, Michigan Compiled Laws 333.7523a Public Act 368 of 1978, Michigan Compiled Laws 333.7524 Public Act 368 of 1978, Michigan Compiled Laws 333.7524b Detroit Police Department Training Directive Civil Asset Forfeiture 17-09 American Civil Liberties Union (ACLU) Asset Forfeiture Abuse, https://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/asset-forfeiture-abuse.