Forfeiture without Criminal Charges

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

Read the summary below and watch Attorney Michael Komorn in the Court of Appeals.

Summary of “Ruben Delgado v. Michigan State Police”:

This case was filed in the Jackson County Circuit Court on July 8, 2022, by Ruben Delgado against the Michigan State Police Marihuana Tobacco Investigation Section. The case was later moved to the Court of Claims.

The central issue appears to be related to property held by the Michigan State Police from February 5, 2021, until the filing of the complaint. Delgado contended that the State Police had a legal duty to return this property as there was no legal reason for its continued possession.

The Court of Claims ultimately granted summary disposition in favor of the Michigan State Police on April 11, 2024. The court’s reasoning was that Delgado failed to file either a verified claim or a verified notice of his intention to file a claim within one year after the claim accrued, as required by the Court of Claims Act (MCL 600.6431). The court noted that neither the original complaint nor a subsequent letter serving as notice was verified. A proposed verified amended complaint was submitted after the one-year deadline, which the court deemed too late to cure the lack of verification.

Therefore, the case was dismissed due to a lack of jurisdiction under the Court of Claims Act, and the court did not consider the merits of Delgado’s claim for mandamus.

It’s worth noting that this case was appealed to the Michigan Court of Appeals under COA #370739, with the case status listed as “Submitted on Case Call” as of April 30, 2024.

In summary: Ruben Delgado sued the Michigan State Police for the return of property. The Michigan Court of Claims dismissed the case because Delgado failed to properly verify his claim within the statutory timeframe. The case is currently under appeal.

MCOA Oral Arguments April 1, 2025 – Panel 4

If You Tube above fails here is the link below. The segment starts at the 20 minute mark. The link should take you to that point in the video.