Appeals Court – Detroit’s Asset Forfeiture Violates Due Process

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.”

A panel of federal appellate judges ruled that Detroit’s practice of seizing people’s cars for months before allowing them 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’s ruling mandates that Wayne County must conduct a court hearing for car owners post-seizure within a two-week timeframe. 

Wayne County will probably spend two weeks looking for a loophole.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

More Rights You Should Know

MI Court of Appeals – MRTMA defense denied dismissal

MI Court of Appeals – MRTMA defense denied dismissal

Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...

read more
4th Circuit says – Assault weapons can be banned

4th Circuit says – Assault weapons can be banned

This case is about whether the Act’s general prohibition on the sale and possession of certain “assault weapons,” are unconstitutional under the Second Amendment. An en banc federal appeals court upheld Maryland’s ban on assault-style weapons in a 10-5 decision...

read more

Other Articles

Gun buyback program – Michigan

Gun buyback program – Michigan

There's another bounty to be claimed besides turning in your neighbor.Defined here in HB6144 can mean so many things... “firearm” means any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosiveEntrepreneurs get...

read more
Sextortion – Michigan

Sextortion – Michigan

Sextortion - Extortion with an S.Michigan House Bills 5887 and 5888 make sextortion illegal in Michigan. The law defines sextortion as a threat to create or disseminate sexually explicit images or videos of another person to coerce them. The new law makes a first...

read more
If I renounce my US citizenship can I get it back?

If I renounce my US citizenship can I get it back?

Venezuela or Bust If I renounce my U.S. citizenship can I get it back?Renouncing U.S. citizenship is a serious legal action. It involves voluntarily giving up your status as a U.S. citizen, usually by signing an oath of renunciation at a U.S. embassy or consulate...

read more
New Laws in Effect for Michigan in 2025

New Laws in Effect for Michigan in 2025

Some laws in effect in 2025 "Enacted by the People of Michigan" Here we go...Minimum wage Improved Workforce Opportunity Wage Act - Michigan's minimum wage will increase twice during 2025, per a 2018 Supreme Court ruling. Starting Jan. 1, 2025, the standard minimum...

read more
The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...

read more
Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This