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
Harris unveils new proposals targeting black men with cannabis legalization
"Harris unveils new proposals targeting Black men as she looks to shore up Democratic coalition" CNNAmid the ongoing national issues, Vice President Kamala Harris introduced new initiatives on Monday aimed at addressing the needs of Black men as she works to bolster...
Cleary becomes latest US law firm to add non-equity partners
See you in the Home Depot lot.Oct 10, 2024 (Reuters) Cleary Gottlieb Steen & Hamilton will create a new category of non-equity partners, becoming the latest major U.S. law firm to move away from the traditional single-tier structure in which all partners have an...
What is the Difference Between a Magistrate and a Judge
What's the difference between a Magistrate and a Judge in Michigan?In Michigan’s court system, both magistrates and judges play important roles, but they have different responsibilities and authority. Understanding the differences between the two can help you know...
Add on charges for your permanent record – Using a computer
The Use of Electronic Devices to Commit Crimes in Michigan Yes that means your cellphone... Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific...
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...
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...
Can You Be Charged for Using Your Phone During a Crime in Michigan?
Your breaking the law if you are using a cellphone while driving. On top of that if you're committing a crime and you use the phone... You're in for a prosecutor's extra round of office high fives.Can You Be Charged for Using Your Phone During a Crime in Michigan?...
The search being challenged was triggered by the odor of cannabis
The case People of Michigan v. Freddie Wilkins III (No. 367209) revolves around a legal challenge regarding the search of a vehicle without a warrant.Police conducted a warrantless search under the "automobile exception."The case People of Michigan v. Freddie Wilkins...