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

A secured and safe vote thanks to new laws in Michigan

A secured and safe vote thanks to new laws in Michigan

Governor Whitmer Signs Historic Election Bills Package to Ensure Every Vote Can be Cast and CountedIn Case You Missed It November 30, 2023 “Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last...

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

Criminal Law FAQs – Probation Violations

Criminal Law FAQs – Probation Violations

Michigan Criminal Laws FAQs Theft CrimesAccording to Michigan State Law (Michigan Compiled Laws - MCL), a Probation Violation occurs when a person who has been sentenced to probation fails to comply with the terms and conditions of their probation order. These terms...

read more
Criminal Law FAQs – Theft Crimes

Criminal Law FAQs – Theft Crimes

Michigan Criminal Laws FAQs Theft CrimesAccording to Michigan State Law (Michigan Compiled Laws - MCL), Theft Crimes generally involve the unlawful taking of someone else's property with the intent to deprive them of it, either permanently or for a significant period....

read more
Criminal Law FAQs – Domestic Violence

Criminal Law FAQs – Domestic Violence

Michigan Criminal Laws FAQs Domestic ViolenceAccording to Michigan State Law, Domestic Violence is not a standalone criminal offense but rather a designation applied to certain crimes when the victim is a "spouse or former spouse, an individual with whom the person...

read more
Criminal Law FAQs – Assault and Battery

Criminal Law FAQs – Assault and Battery

Michigan Criminal Laws FAQs Assault and BatteryAccording to Michigan State Law, Assault and Battery are distinct but often related offenses. There isn't one single statute that explicitly defines both terms together. Instead, their definitions have evolved through...

read more
Criminal Law FAQs – Marijuana Offenses

Criminal Law FAQs – Marijuana Offenses

Michigan Criminal Laws FAQs Marijuana OffensesFAQ 1: Is recreational marijuana legal in Michigan? Answer: Yes, recreational marijuana is legal for adults 21 and over in Michigan. However, there are restrictions on possession, use in public places, and driving under...

read more
Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Disclaimer: Please remember that the information provided in these legal tips and articles is for educational purposes only and should not be considered legal advice or an agreement for legal services. Laws are subject to change, and interpretations can vary. While we strive for accuracy, legal information can be complex and may not apply to your specific situation. Reading this information does not establish an attorney-client relationship. It is crucial to consult with a qualified attorney to discuss the specific facts of your case before taking any action or making any decisions.

Other Topics

Driving Under the Influence

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This