Michigan House Bill NO. 4391

Michigan House Bill NO. 4391

May 8, 2025 | Drugged Driving, DUI, DUI First Offense, DUI Second Offense, DUI Super Drunk, DUI Third Offense, Michigan DUI Criminal Defense Attorney Michael Komorn

It may just be easier to collect and analyze tears.

This legislation seeks to integrate saliva testing for cannabis within law enforcement procedures, designating a refusal to participate in this testing as a criminal offense, similar to the penalties imposed for declining an alcohol-related preliminary breath test.

  • Crimes: intoxication or impairment
  • Criminal procedure: evidence
  • Traffic control: traffic regulation Crimes: intoxication or impairment; methods of testing intoxication or impairment in the Michigan vehicle code; expand to include other bodily fluid.

Amends secs. 625a, 625c & 625g of 1949 PA 300 (MCL 257.625a et seq.). TIE BAR WITH: HB 4390’25

Below is the text to the introduced bill.
If you are from the future you can see updates here.

Komorn Law

TIP: When you are under the influence of alcohol or drugs don’t drive.
But if you do and you get tangled up in the web of justice – Call Us

248-357-2550

A bill to amend 1949 PA 300, entitled

“Michigan vehicle code,”

by amending sections 625a, 625c, and 625g (MCL 257.625a, 257.625c, and 257.625g), sections 625a and 625g as amended by 2021 PA 85 and section 625c as amended by 2014 PA 315.

THE “PEOPLE OF THE STATE OF MICHIGAN” ENACT:

Sec. 625a. (1) A peace officer may arrest a person without a warrant under either of the following circumstances:

(a) The peace officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section 625 or a local ordinance substantially corresponding to section 625.

(b) The person is found in the driver’s seat of a vehicle parked or stopped on a highway or street within this state if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of section 625 or a local ordinance substantially corresponding to section 625.

(2) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state and that the person by the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of them may have affected his or her the person’s ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the state while the person’s blood, breath, or urine, or other bodily fluid contained any measurable amount of alcohol, a controlled substance, or any other intoxicating substance or while the person had any detectable presence of alcoholic liquor, a controlled substance or any other intoxicating substance, or any combination of them, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state while the person had any bodily alcohol content as that term is defined in section 625(6), may require the person to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis.

The following provisions apply to a preliminary chemical breath analysis or a preliminary oral fluid analysis administered under this subsection:

(a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis or a preliminary oral fluid analysis.

(b) The results of a preliminary chemical breath analysis or a preliminary oral fluid analysis are admissible in a criminal prosecution for a crime enumerated in section 625c(1) or in an administrative hearing for 1 or more of the following purposes:

(i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence offered to establish the validity of an arrest.

(ii) As evidence of the defendant’s breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant’s breath alcohol content was higher at the time of the charged offense than when a chemical test was administered under subsection (6).

(iii) As evidence of the defendant’s breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant’s breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under subsection (6).

(iv) As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that a preliminary oral fluid analysis of the defendant’s oral fluid showed the presence of a controlled substance that was not found to be present when a chemical test of the defendant’s blood, urine, or other bodily fluid was administered under subsection (6).

(v) As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that a preliminary oral fluid analysis of the defendant’s oral fluid showed no presence of a controlled substance that was found to be present when a chemical test of the defendant’s blood, urine, or other bodily fluid was administered under subsection (6).

(c) A person who submits to a preliminary chemical breath analysis or a preliminary oral fluid analysis remains subject to the requirements of sections 625c, 625d, 625e, and 625f for purposes of chemical tests described in those sections.

(d) Except as provided in subsection (5), a person who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a lawful request by a peace officer is responsible for a civil infraction.

(3) A peace officer shall use the results of a preliminary chemical breath analysis or a preliminary oral fluid analysis conducted under this section to determine whether to order a person out-of-service under section 319d. A peace officer shall order out-of-service as required under section 319d a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under section 319d.

(4) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis under this section must be advised that refusing a peace officer’s request to take a test described in this section is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service order.

(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(6) The following provisions apply to chemical tests and analysis of a person’s blood, breath, urine, or breath, other bodily fluid other than a preliminary chemical breath analysis:

(a) The amount of alcohol or presence of a controlled substance or other intoxicating substance in a driver’s blood, or urine, or other bodily fluid or the amount of alcohol in a person’s breath at the time alleged as shown by chemical analysis of the person’s blood, breath, urine, or breath other bodily fluid is admissible into evidence in any civil or criminal proceeding and is presumed to be the same as at the time the person operated the vehicle.

(b) A person arrested for a crime described in section 625c(1) must be advised of all of the following:

(i) If he or she the person takes a chemical test of his or her the person’s blood, breath, urine, or breath other bodily fluid administered at the request of a peace officer, he or she the person has the right to demand that a person of his or her the person’s own choosing administer 1 of the chemical tests.

(ii) The results of the test are admissible in a judicial proceeding as provided under this act and will be considered with other admissible evidence in determining the defendant’s innocence or guilt.

(iii) He or she The person is responsible for obtaining a chemical analysis of a test sample obtained at his or her the person’s own request.

(iv) If he or she the person refuses the request of a peace officer to take a test described in subparagraph (i), a test must not be given without a court order, but the peace officer may seek to obtain a court order.

(v) Refusing a peace officer’s request to take a test described in subparagraph (i) will result in the suspension of his or her the person’s operator’s or chauffeur’s license and vehicle group designation or operating privilege and in the addition of 6 points to his or her the person’s driver record.

(c) A sample or specimen of breath, urine, or breath other bodily fluid must be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under section 16215 of the public health code, 1978 PA 368, MCL 333.16215, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer’s request to determine the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless the withdrawal or analysis is performed in a negligent manner.

(d) A chemical test described in this subsection must be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section 625c(1). A person who takes a chemical test administered at a peace officer’s request as provided in this section must be given a reasonable opportunity to have a person of his or her the person’s own choosing administer 1 of the chemical tests described in this subsection within a reasonable time after his or her the person’s detention. The test results are admissible and must be considered with other admissible evidence in determining the defendant’s innocence or guilt. If the person charged is administered a chemical test by a person of his or her the person’s own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.

(e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood or other bodily fluid is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.

(f) If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent’s blood or other bodily fluid must be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance or other intoxicating substance, or any combination of them, in the decedent’s blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to the department of state police.

(g) The department of state police shall promulgate uniform rules in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis or preliminary oral fluid analysis may be used for a chemical test described in this subsection if approved under rules promulgated by the department of state police.

(7) The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon any of the following questions:

(a) Whether the person was impaired by, or under the influence of, alcoholic liquor, a controlled substance or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

(b) Whether the person had an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28), the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) If the person is less than 21 years of age, whether the person had any bodily alcohol content within his or her the person’s body. As used in this subdivision, “any bodily alcohol content” means either of the following:

(i) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28), the person had an alcohol content of 0.02 grams or more but less than 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(ii) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than the consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

(8) If a chemical test described in subsection (6) is administered, the test results must be made available to the person charged or the person’s attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least 2 days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.

(9) A person’s refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in section 625c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant’s innocence or guilt. The jury must be instructed accordingly.

(10) As used in this section:

(a) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) “Intoxicating substance” means that term as defined in section 625.

Sec. 625c. (1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her the person’s blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or presence of a controlled substance or other intoxicating substance, or any combination of them, in his or her the person’s blood, or urine, or other bodily fluid or the amount of alcohol in his or her the person’s breath in all of the following circumstances:

(a) If the person is arrested for a violation of section 625(1), (3), (4), (5), (6), (7), or (8), section 625a(5), or section 625m or a local ordinance substantially corresponding to section 625(1), (3), (6), or (8), section 625a(5), or section 625m.

(b) If the person is arrested for a violation of section 601d, section 626(3) or (4), or manslaughter, or murder resulting from the operation of a motor vehicle, and the peace officer had reasonable grounds to believe the person was operating the vehicle in violation of section 625.

(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.

(3) The tests shall must be administered as provided in section 625a(6).

(4) As used in this section:

(a) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) “Intoxicating substance” means that term as defined in section 625.

Sec. 625g. (1) If a person refuses a chemical test offered under section 625a(6), the peace officer who requested the person to submit to the chemical test shall comply with subdivisions (a) and (b). If a person submits to the chemical test or a chemical test is performed under a court order and the test reveals an unlawful alcohol content, or the presence of a controlled substance or other intoxicating substance, or any combination of them, the peace officer who requested the person to submit to the test shall do all of the following, other than subdivision (b)(i):

(a) On behalf of the secretary of state, immediately confiscate the person’s license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit must be on a form provided by the secretary of state.

(b) Except as provided in subsection (2), immediately do all of the following:

(i) Forward a copy of the written report of the person’s refusal to submit to a chemical test required under section 625d to the secretary of state.

(ii) Notify the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the person.

(iii) Destroy the person’s driver license or permit.

(2) If a person submits to a chemical test offered under section 625a(6) that requires an analysis of blood, or urine, or other bodily fluid and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection (1)(a) and (b)(ii) and indicate in the notice under subsection (1)(b)(ii) that a subsequent chemical test is pending. If the report reveals an unlawful alcohol content, or the presence of a controlled substance or other intoxicating substance, or any combination of them, the peace officer who requested the person to submit to the test shall immediately comply with subsection (1)(b)(iii). If the report does not reveal an unlawful alcohol content, or the presence of a controlled substance or other intoxicating substance, or any combination of them, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person’s license or permit by first-class mail to the address provided at the time of arrest.

(3) A temporary license or permit issued under this section is valid for 1 of the following time periods:

(a) If the case is not prosecuted, for the earlier of 90 days after issuance or until the person’s license or permit is suspended under section 625f. The prosecuting attorney shall notify the secretary of state if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the secretary of state if a case is not referred to the prosecuting attorney for prosecution.

(b) If the case is prosecuted, until the criminal charges against the person are dismissed, the person is acquitted of those charges, or the person’s license or permit is suspended, restricted, or revoked.

(4) As used in this section:

(a) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) “Intoxicating substance” means that term as defined in section 625.

(c) “Unlawful alcohol content” means any of the following, as applicable:

(i) If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(ii) If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(iii) If the person tested is not a person described in subparagraph (i) or (ii), 0.08 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 4390 (request no. H00111’25) of the 103rd Legislature is enacted into law.

April 24, 2025, Introduced by Reps. Rogers, BeGole, Prestin, Rigas, Borton, Woolford, Harris, Mueller, St. Germaine, DeBoyer, Schmaltz, Meerman, Outman, Mentzer, Longjohn, Wortz, Markkanen, Wozniak, McFall, Robinson, Fairbairn, Bruck, Scott, Greene, T. Carter, Linting, Miller, VanderWall, Aragona and Kunse and referred to Committee on Government Operations.

Kommorn Law – Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

How to create and share a Dropbox link

How to create and share a Dropbox link

Apr 28, 2025 | Blog

Simplified Sender and Receiver Dropbox Share Instructions to Someone NOT on your Team.

Don’t get caught up in another license or give access to your whole box by mistake.

Dropbox Sender Share Instructions

Log into your Dropbox account

  1. Hover over the file or folder you’d like to share and click Share.
  2. Click Copy link.
  3. Click Manage.
  4. At the top select Link for Viewing
    – Warning – Select Link for editing only if you want them to be able to edit the file or folder – (make sure you have a secured back up of original!)
  5. Choose from drop down – Only People with Link – Somewhat SECURE – An ADMIN will have to respond to email and grant access when they try to open – OR –
  6. Choose Anyone with Link (open to anyone who has link) –NOT SECURE–
  7. Click Copy link at Top.

The link is copied to your clipboard. You can then paste it into an email, message, or wherever people can access it.

 

***** See the video below to see how it’s done*****

Dropbox Receiver Instructions

ANYONE WITH LINK
(set by sender)

 

  1. Click the link sent to you by email can to access the file or folder.

 

ONLY PEOPLE WITH LINK
Somewhat Secured Access (set by sender)

 

  1. Click link sent to you by email
  2. Dropbox will ask you to sign in. You can use Gmail or any email you would like (this will create an account under that email).
  3. Dropbox will ask you to try free paid accounts (DO NOT CLICK). Look at the bottom and it will say continue with free 2 GB account.
  4. Choose one – personal, work, school account. (Choose personal so they don’t try to up sell you all the time).
  5. It will then ask you if you want to install the desktop app (Do not install it) – Look at the bottom and choose SKIP
  6. You will then be asked to request access – Click request access
  7. Call or text sender if you need immediate access or you can wait till the sender responds to the request email and you will be notified.

 

Note: if you are doing this after hours you may need to wait till normal business hours till the access request is answered and authorized.

 

Dropbox Basic (Free account) – Dropbox

If you need lots of secured storage and reliable service then by all means get on the paid program!

Smell of marijuana no longer legal grounds for search

Smell of marijuana no longer legal grounds for search

Apr 11, 2025 | Forfeiture, Forfeiture

The Michigan Supreme Court has ruled that the smell of marijuana alone is no longer sufficient probable cause for police to conduct a warrantless search of a vehicle. This decision overturns a previous precedent where the odor of marijuana was considered enough justification for a search.

The Court reasoned that because the use and possession of marijuana is now legal for adults in Michigan under certain circumstances (following the Michigan Regulation and Taxation of Marihuana Act – MRTMA), the smell of marijuana no longer automatically indicates illegal activity. The odor could just as likely be associated with the legal possession or recent legal use of marijuana.

Therefore, the Court concluded that while the smell of marijuana can still be a factor in determining probable cause, it must be accompanied by other specific and articulable facts indicating illegal activity to justify a search.

This ruling stems from a case where a firearm was found in a vehicle after a search was conducted based solely on the smell of marijuana. The Supreme Court sided with the lower courts in suppressing the evidence, stating that the initial search was unlawful because the smell of marijuana alone did not provide probable cause in light of the state’s legalization of cannabis.

This decision is a significant shift in Michigan law and will likely impact how law enforcement conducts vehicle searches. It emphasizes the need for additional evidence beyond the smell of marijuana to establish probable cause for a search.

They can’t say because we smell weed we are going to search your car. Because the whole town may reek.  Alas… there are a hundred other words to choose from to make the arrest.

They have to say something else now. If you’re sitting behind the wheel of a motorized vehicle all a police officer has to say is “I believe you’re impaired”. And operating a motor vehicle impaired is a crime.

So don’t think this is a win. Maybe a little one.

Read the ruling linked below.

Michigan Supreme Court Smell of marijuana no longer legal grounds for search

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

More Articles

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Can the police sieze your belongings and hold it without charging you with a crime?Civil asset forfeiture is a legal process that allows law enforcement agencies in Michigan to seize property they suspect is connected to criminal activity, even if the owner hasn't...

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What Happens When the Government Takes Your Property?

What Happens When the Government Takes Your Property?

Can the police sieze your belongings and hold it without charging you with a crime?Forfeiture laws in Michigan allow the government to seize property – like cash, cars, or even houses – if they believe it was involved in a crime.  This can happen even if the owner...

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Michigan Record Expungement Information

Michigan Record Expungement Information

Am I eligible to apply to expunge a criminal record? Is it automatic?So your new girlfriend has a criminal record and you can't get that apartment together. If that's really what you want to do, then here's some information to get that record expunged. What is an...

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Search and Seizure – Consent or Plain view

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...

read more

Michigan Forfeiture News Articles

Michigan Forfeiture News Articles

Apr 11, 2025 | Forfeiture, Forfeiture

Can the police sieze your belongings and hold it without charging you with a crime?

Civil asset forfeiture is a legal process that allows law enforcement agencies in Michigan to seize property they suspect is connected to criminal activity, even if the owner hasn’t been charged with a crime. This practice has been controversial, leading to significant reforms in recent years.​

Key Points:

News Article links

  • Definition: Civil asset forfeiture permits authorities to confiscate assets believed to be involved in or resulting from criminal conduct without necessarily charging the owner.​Mackinac Center
  • Reforms: Michigan has implemented several reforms to address concerns about civil asset forfeiture:​Mackinac Center
  • 2015: Increased the standard of evidence required for forfeiture from “preponderance of evidence” to “clear and convincing evidence.” ​Mackinac Center
  • 2016: Eliminated the requirement for property owners to post a bond before challenging a seizure. ​Mackinac Center
  • 2019: Mandated a criminal conviction or plea agreement before forfeiting property valued under $50,000 in drug-related cases. ​AP News
  • 2022: Amended laws to allow forfeiture of assets over $20,000 at airports without a criminal conviction. ​Mackinac Center
  • Recent Developments: In 2023, a federal court ruled that Wayne County’s vehicle seizure program violated constitutional due process rights, highlighting ongoing concerns about forfeiture practices. ​Mackinac Center
  • Statistics: In 2022, Michigan law enforcement agencies seized over $10.2 million in cash and conducted nearly 4,000 forfeitures. Notably, more than 150 individuals lost property without being charged, and another 100 without a conviction. ​Mackinac Center
  • Criticism: Critics argue that civil asset forfeiture can lead to abuses, disproportionately affecting innocent individuals and marginalized communities. 
  • Advocacy for Change: Organizations like the Mackinac Center for Public Policy advocate for ending civil asset forfeiture, suggesting that property should only be forfeited following a criminal conviction to better protect citizens’ rights. ​Mackinac Center

Understanding Michigan’s civil asset forfeiture laws is crucial, as they directly impact property rights and law enforcement practices. While reforms have been made, ongoing debates suggest that further changes may be necessary to ensure fairness and protect citizens’ rights

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

More Articles

More

Michigan Forfeiture News Articles

Michigan Forfeiture News Articles

Can the police sieze your belongings and hold it without charging you with a crime?Civil asset forfeiture is a legal process that allows law enforcement agencies in Michigan to seize property they suspect is connected to criminal activity, even if the owner hasn't...

read more
What Happens When the Government Takes Your Property?

What Happens When the Government Takes Your Property?

Can the police sieze your belongings and hold it without charging you with a crime?Forfeiture laws in Michigan allow the government to seize property – like cash, cars, or even houses – if they believe it was involved in a crime.  This can happen even if the owner...

read more
Michigan Record Expungement Information

Michigan Record Expungement Information

Am I eligible to apply to expunge a criminal record? Is it automatic?So your new girlfriend has a criminal record and you can't get that apartment together. If that's really what you want to do, then here's some information to get that record expunged. What is an...

read more
Search and Seizure – Consent or Plain view

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...

read more
What Happens When the Government Takes Your Property?

What Happens When the Government Takes Your Property?

Apr 10, 2025 | Forfeiture, Forfeiture

Can the police sieze your belongings and hold it without charging you with a crime?

Forfeiture laws in Michigan allow the government to seize property – like cash, cars, or even houses – if they believe it was involved in a crime.  This can happen even if the owner hasn’t been convicted of a crime. It’s a complex area of law with some important things to understand. 

What is Forfeiture?

Forfeiture is a legal process where the government takes ownership of private property because it’s believed to be connected to illegal activity. There are two main types:  

Criminal Forfeiture: This happens after someone has been convicted of a crime. The property seized is usually related to that specific crime. 

Civil Forfeiture: This can occur without a criminal conviction. The government argues that the property itself was involved in a crime, regardless of whether the owner is found guilty.  

Important Points to Know:

What Property Can Be Forfeited?

Under Michigan law (specifically related to drug crimes, (MCL 333.7521), a wide range of property can be seized, including:

  • Money, negotiable instruments, and securities.
  • Real estate (MCL 600.3815)
  • Vehicles, boats, and aircraft (S.B. 2 & H.B 4001-4002)
  • Equipment and materials used in illegal activities (like drug manufacturing).
  • Anything of value exchanged for illegal substances.

How Does it Work?

Seizure: Law enforcement can seize property if they have probable cause to believe it’s connected to a crime. In some cases, they need a warrant, but not always (MCL 333.7522). 

Notice: If your property is seized, the government is supposed to notify you (MCL 600.4707 & 333.7523). If they can’t find you, they may publish a notice online or in a newspaper.  

Claim: If you want your property back, you usually have a limited time (e.g., 20-28 days after notice) to file a claim with the government, stating your interest in the property and why it shouldn’t be forfeited. This claim often needs to be written, signed, and verified (notarized).  

Civil Action: If you file a claim, the government (usually the Attorney General or local prosecutor) may then file a civil lawsuit in court to try and get a forfeiture order.

Burden of Proof: In a forfeiture hearing, the government generally has to prove by a “preponderance of the evidence” (meaning it’s more likely than not) that the property was connected to a crime (MCL 600.4707). However, for property valued over $50,000 in drug cases, the burden might shift to the owner to prove they didn’t know about the illegal activity (according to some interpretations of MCL 333.7523a).  

Conviction Requirement (Limited): A significant reform in 2019 (Senate Bill 2 and House Bills 4001 & 4002) requires a criminal conviction or plea agreement for forfeitures of property valued under $50,000 in drug-related cases, unless the owner abandons the property (news from May 2019).  

Rights of Property Owners

You have the right to:

  • Be notified about the forfeiture proceedings.
  • File a claim to contest the forfeiture.
  • Have a hearing in court (if you file a claim).
  • Present evidence to show your property wasn’t involved in a crime or that you were an innocent owner.

What Happens to Forfeited Property?

Generally, the law enforcement agency that seized the property can keep it for their use or sell it.

The proceeds from the sale are often used for law enforcement purposes (MCL 333.7524).

Kelsey’s Law Connection: It’s important not to confuse forfeiture laws with traffic laws like Kelsey’s Law (related to teen drivers and cell phone use). They are completely different areas of law.

Links to Laws:

  • MCL 333.7521 (Controlled Substances – Forfeiture): You can find these sections within the Michigan Public Health Code on the Michigan Legislature website.
  • MCL 600.4701 (Revised Judicature Act – Forfeiture): This act also contains provisions related to forfeiture.

Recent News:

  • Michigan Supreme Court Ruling (July 2024): The Michigan Supreme Court ruled against Detroit’s practice of seizing cars in drug-related cases unless there’s evidence the car was used to transport drugs for trafficking purposes. This decision is seen as a curb on aggressive forfeiture practices.  
  • Report on Forfeiture (October 2023): A report highlighted that even with recent reforms, Michigan still sees cases where people lose property without being charged with a crime, and most forfeiture cases happen without much court oversight (Mackinac Center, October 2023). 
  • Limitations on Forfeiture Without Conviction (2019): As mentioned earlier, laws were passed in 2019 requiring a conviction in many drug-related forfeiture cases involving property under $50,000 (Michigan.gov press release, May 2019).

It’s crucial to understand that forfeiture laws can have a significant impact on individuals, even those who haven’t been found guilty of a crime. If your property has been seized, it’s highly recommended to seek legal advice immediately to understand your rights and options.

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

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Feb 14, 2025 | Blog, Expungement

Washtenaw County Policy Directive 2025-01

POLICY REGARDING QUANTITATIVE DRUG CHECKING

Introduction

The overdose crisis in America has persisted for decades, resulting in profound loss and suffering across the nation. Since 1999, opioid overdoses have tragically taken the lives of more than a million individuals, and the number of drug overdose deaths continues to escalate each year. This heartbreaking reality affects every community, leaving no place untouched by the repercussions of this ongoing tragedy.

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Wastenaw County will check your drugs and you won’t be charged.

Read the release here

Washtenaw County -Policy 2025-01 – Quantitative Drug Checking Policy

Also Washtenaw County, several sites and governmental agencies offer free naloxone—a “safe and life-saving  medication designed to reverse an opioid overdose.”

Choose your drugs wisely

Naloxone (Narcan) only works on overdoses caused by opioids. This family of drugs includes prescription painkillers like OxyContin, fentanyl, methadone, and Vicodin, as well as street drugs like heroin.

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More info

Will Narcan Work on Cannabis “Overdoses”?

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Want more info Go here –>More info (According to Dabbin Dad)

More links about related stuff

Komorn Law (248) 357-2550
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Naloxone FAQs

What is naloxone?
Naloxone, also known as naloxone HCL or Narcan, is a medication approved by the FDA that effectively counteracts the life-threatening effects of an opioid overdose by blocking brain receptors and enabling the restoration of normal breathing.

What is an opioid?
Opioids are powerful medications that effectively alleviate pain by dampening the intensity of pain signals sent to the brain, while also influencing brain regions that govern emotional responses, thereby lessening the perception of pain.

Examples of Opioids:

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  • Fentanyl (Duragesic®)
  • Buprenorphine(Subutex®)
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Who should carry naloxone?
In 2018, the United States Surgeon General Dr. Jerome Adams issued a vital public health advisory that emphasized the essential role of naloxone in saving lives, encouraging various individuals to not only carry naloxone but also to receive training in its effective use.

  • Individuals taking high doses of opioids as prescribed for the management of chronic pain.
  • Individuals taking prescription opioids concurrently with alcohol or sedating medications (i.e. benzodiazepines).
  • Individuals misusing prescription opioids or using illicit opioids such as heroin.
  • Individuals with a history of opioid use disorder.
  • Individuals completing opioid detoxification.
  • Individuals recently discharged from emergency medical care following an opioid overdose.
  • Individuals recently released from incarceration with a history of opioid use disorder.
  • Family and friends of people who have opioid use disorder.
  • Community members who come into contact with people at risk for opioid overdose.

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Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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