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.
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
The “Automobile Exception” in Michigan law
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
SCOTUS – Justices uphold laws targeting homelessness
Does not amount to “cruel and unusual punishment” under the Eighth Amendment The Supreme Court has affirmed the validity of ordinances in a southwest Oregon city that restrict individuals experiencing homelessness from utilizing blankets, pillows, or cardboard boxes...
Other Articles
Search and Seizure – Consent or Plain view
The Fourth Amendment was established to protect individuals from unreasonable searches and seizures, yet there are exceptions.In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law...
Using a computer to commit a crime – The latest add on charges
FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS (EXCERPT)Act 53 of 1979752.796 Use of computer program, computer, computer system, or computer network to commit crime. Sec. 6. (1) A person shall not use a computer program, computer,...
A drunk driving investigation, a car wreck and a blood draw
A Case Summary: People v. Blake Anthony-William BartonOn October 11, 2024, the Michigan Court of Appeals issued a decision in the case People of the State of Michigan v. Blake Anthony-William Barton. The case involved a drunk driving investigation following a car...
Police say they can tell if you are too high to drive
Police say they can tell if you are too high to drive. Critics call it ‘utter nonsense’Haley Butler-Moore sped up to pass a semi on the highway when she suddenly saw the police lights. She’d left Albuquerque hours earlier, heading to a Halloween party in Denver. Tired...
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...
Cannabis – The Rise and Fall and Trail of Survivors Pile Up
Thieves make off with 1,000 pounds of premium flower in cannabis from a corporate grower in Michigan. Then, the GM sells off 650+ pounds to pay employees.The recent theft of over 1,000 pounds of marijuana from 305 Farms, a corporate cannabis grower in West Michigan,...
What is Recidivism in Legal Terms?
What does Recidivism mean?In legal contexts, recidivism refers to a person’s relapse into criminal behavior, often after having been previously convicted and penalized for similar or other crimes. When someone re-offends, they are described as a "recidivist."...
Your Past Charges Could Affect Decisions for New Charges
Michigan Court of Appeals - PEOPLE v. JAMES THOMAS MASON, JR.Jail vs ProbationIn People v. James Thomas Mason, Jr., the Michigan Court of Appeals dealt with whether the district court could reasonably depart from the usual “no jail, no probation” presumption for a...
