What is the Exclusionary Rule?The Exclusionary Rule is a legal principle in the United States that prevents the government from using most evidence gathered in violation of the United States Constitution. Specifically, it applies to evidence obtained through an...

Michigan Supreme Court – Forfeiture of 2006 Saturn ION
FORFEITURE OF 2006 SATURN ION
Michigan Supreme Court Ruling – July 25, 2025
The Michigan Supreme Court has ruled that Detroit police can no longer seize cars through civil asset forfeiture unless they can demonstrate that the vehicle was used for drug trafficking.
The court ruled that Stephanie Wilson’s 2006 Saturn Ion was not subject to forfeiture laws as there was no evidence of drug-related activities when seized in 2019. Mere proximity to suspected drug crimes or passenger drug possession is not sufficient for seizure.
Michigan Supreme Court: Factual and Procedural History
On June 24, 2019, claimant Stephanie Wilson was driving in the defendant vehicle with Malcolm Smith in the passenger seat when she was pulled over by Sergeant Chivas Rivers of the Wayne County Sheriff’s Office. Sergeant Rivers testified at his deposition that he had been surveilling a house on Lumley Street in Detroit for narcotics activity when he saw claimant and Smith drive up and park in front of that house. An unidentified man approached the passenger side of the defendant vehicle and reached his arm in through the window for what Sergeant Rivers believed to be a hand-to-hand drug transaction.
After claimant drove away, Sergeant Rivers followed the defendant vehicle a short distance before effectuating a traffic stop on the basis of a failure to signal a turn. Sergeant Rivers
testified that, when he pulled claimant over, she stated that she had driven Smith to the Lumley Street address to purchase drugs. Claimant has denied saying this.
After speaking to claimant and Smith, Sergeant Rivers searched the defendant vehicle and found five empty syringes under the passenger seat but no other evidence of drugs. Although Sergeant Rivers averred that Smith stated that he had already used the syringes to inject heroin, it appears that the syringes were never tested for drug residue. Sergeant Rivers seized the
defendant vehicle. Nearly four months later, the state initiated forfeiture proceedings pursuant to MCL 333.7521.
Following discovery, claimant moved for summary disposition on three bases:
(1) MCR 2.116(C)(7) (plaintiff failed to promptly file its complaint for forfeiture);
(2) MCR 2.116(C)(8) (plaintiff failed to state a claim on which relief could be granted); and
(3) MCR 2.116(C)(10) (there was no material factual dispute, and claimant was entitled to judgment as a matter of law).
The trial court held a hearing and considered arguments from both parties regarding the facts surrounding the seizure of the defendant vehicle.
Finding that Sergeant Rivers appeared to have witnessed a hand-to-hand transaction but that such an interaction would not necessarily involve drugs, the trial court granted summary disposition to claimant without explicitly specifying the ground on which the ruling was based.
Plaintiff filed a motion for reconsideration, a motion to stay, and an ex parte motion for relief from judgment.
The trial court denied these motions and directed plaintiff to release claimant’s vehicle immediately.
Read the Entire Opinion Here
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

What is the Exclusionary Rule?
No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
Other Articles
Michigan Expungement Law Reaches the 3 Year Mark
April 2024 - Michigan Expungement Law 3 year AnniversaryThree years after the implementation of the “Clean Slate” law, advocates are hailing its significant impact on expanding expungement opportunities in Michigan. On October 13, 2020, Public Act 193 of 2020 was...
Livonia Fentanyl bust is Michigan’s largest ever
Livonia traffic stop leads to largest fentanyl bust in Michigan history, police say Authorities seize 90 pounds of fentanyl in Livonia MichiganAn undercover customer working with police helped them catch a gas station owner from Macomb County who was dealing fentanyl...
Paid surrogacy no longer a crime in Michigan
Paid surrogacy no longer a crime in Michigan after Whitmer signs MI Family Protection Act into lawFor over 30 years, individuals in Michigan who sought to build a family through the assistance of a paid surrogate might have encountered potential legal repercussions,...
Oregon governor signs a bill recriminalizing drug possession
Oregon governor signs a bill recriminalizing drug possession into lawOn April 1, 2024, Oregon Governor Tina Kotek signed House Bill 4002 into law, effectively recriminalizing the possession of small amounts of certain controlled substances. This legislation marks a...
Why Better Made is suing several Michigan marijuana companies
Better Made vs. Cannabis Companies: A Michigan Trademark DisputeSummary Better Made, is embroiled in a legal battle with over a dozen cannabis businesses in the state. The lawsuit, filed in March 2024, centers on allegations of trademark infringement. Better Made...
John Sinclair, the inspiration for Ann Arbor’s Hash Bash, dead at 82
John Sinclair, the poet whose imprisonment for marijuana inspired the start of Ann Arbor’s long-running annual Hash Bash in the 1970s, has died. He was 82.Sinclair's passing occurred on Tuesday, April 2, 2024, at a Detroit hospital, merely four days prior to his...
Is a Verbal Agreement Legal?
Is Oral Legal?Verbal agreements, also called oral contracts, can be legal and enforceable in Michigan, but with some limitations. Here's a breakdown: Generally Enforceable: Michigan law recognizes verbal contracts as valid if they meet the standard elements of a...
Squatters and the Law in Michigan
Squatters and YouSquatting, in one definition is the act of occupying a property without legal permission, can be a headache for both property owners and squatters themselves. Sorry to cause you a such a headache squatter. Michigan has specific laws addressing...