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
Felony Firearm Possession in Michigan
Felony Firearm Possession in Michigan.In Michigan, the laws surrounding firearms are strict, especially when it comes to felony firearm possession. If you’re charged with a felony and found to be in possession of a firearm during the crime, the penalties can be...
Do Passengers in a Vehicle have 4th Amendment Rights?
Do Passengers have 4th Amendment Rights?Michigan Supreme Court Limits Police Ability to Search Passenger Property in CarsBackground Mead was a passenger in a car and had just met the driver, who offered him a ride. When the police stopped the vehicle and ordered both...
Other Articles
Carrying a Firearm Under the Influence of Cannabis
Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of a Controlled Substance.Michigan controlled substance info at end of article and yes cannabis is still a controlled substance 1 at the time of this article... but it is an...
Carrying a Firearm Under the Influence of Alcohol in Michigan
Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of Alcohol or Controlled SubstanceAn individual shall not An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption (EMD)...
Are there exceptions that justify warrantless searches?
Exceptions to your 4th Amendment Rights against Search and Seizure (more to come).The Fourth Amendment of the U.S. Constitution safeguards citizens by prohibiting unreasonable searches and seizures and generally mandates the necessity of a warrant for such intrusions....
Warrantless Searches in Michigan
I don't need a warrant for that...In Michigan, as in the rest of the United States, the Fourth Amendment of the fading Constitution provides individuals with protection against unreasonable searches and seizures by law enforcement. Generally, this means that police...
One of Michigan’s Top DUI Attorneys
We aggressively defend all aspects of traffic law, from simple civil infractions to more serious alcohol and drug-related offenses. Don't wait till the last second to get an attorney. That's how you lose.Why Attorney Michael Komorn is one of Michigan’s Top DUI...
Michigan DUI Laws and Consequences – Second Offense
Michigan DUI Laws and Consequences – Second Offense Operating Under the Influence (OUI) is a serious offense in Michigan. If someone is caught driving under the influence of alcohol or drugs, they can face severe penalties. When it comes to a second offense, the...
Federal Ban on Owning Firearms by Cannabis Consumers is Unconstitutional Court Says
Federal charges against a non-violent, cannabis-using gun owner were unconstitutional.A federal appeals court panel upheld a lower court's ruling on Wednesday, declaring that federal charges against a non-violent, cannabis-using gun owner were unconstitutional. “The...
AG Nessel joined 21 attorneys general to regulate the sale of firearms
Extreme Risk Protection Order to prevent individuals from possessing or owning a firearm for eight years following their conviction. That legislation was signed into law by Governor Gretchen Whitmer in November of 2023.Michigan Attorney General Dana Nessel has joined...