Wayne Co. profits from police property seizures

[ejames01]

Critics call confiscation practice a 'money-grab'

George Hunter and Doug Guthrie / The Detroit News

Detroit -- The way Krista Vaughn sees it, Wayne County fined her $1,400 even though police and prosecutors admit she broke no laws.
Vaughn, who has no criminal record, was required to pay for the return of her car, which was seized by police after they mistook Vaughn's co-worker for a prostitute. Even though prosecutors later dropped the case, Vaughn still had to pay.
Her story is not unusual. In Wayne County, law enforcement officials regularly seize vehicles without levying charges -- even in cases in which they later concede no law was broken. The agency provides perhaps the most prolific and egregious example of what critics contend is the wrongful use of laws allowing the seizure of private property.

It's a practice that's paying off. The Wayne County Sheriff's Office, which helps run the prosecutor's forfeiture unit, took in $8.69 million from civil seizures in 2007, more than four times the amount collected in 2001. The Wayne County Prosecutor's Office gets up to 27 percent of that money.
"Forfeiture laws are being abused by police and prosecutors who see only dollar signs," said former Macomb County Prosecutor Carl Marlinga, now a defense attorney. "It's a money grab, pure and simple; a sneaky way of getting a penalty on something prosecutors can't prove. It's like shooting fish in a barrel."
Vaughn, who works in an American Red Cross supply warehouse, dropped off her co-worker, Amanda Odom, at a Detroit bank the afternoon of Feb. 11, 2004. Both women were still wearing their Red Cross badges.
Officers from the Wayne County Sheriff's Morality Unit accused Odom of solicitation after they saw her make eye contact with passing motorists while waiting for Vaughn to pick her up from the bank. On the strength of that observation, officers ticketed Odom and seized Vaughn's 2002 Chrysler Sebring.
"We obviously weren't doing anything wrong, but the cops wouldn't listen," Vaughn said.
The charges against Odom were eventually dropped, but Vaughn still was out $900, the usual fee prosecutors require to return seized vehicles. She also had to pay another $500 in towing and storage fees, because it was several days before she could raise the money to get her car back -- plus another $400 to repair an oil pan she said was damaged when her car was towed.
"I went ahead and paid the money because it would've cost a lot more than that to get a lawyer and fight it," Vaughn said.



The charges against Odom were eventually dropped, but Vaughn still was out $900, the usual fee prosecutors require to return seized vehicles. She also had to pay another $500 in towing and storage fees, because it was several days before she could raise the money to get her car back -- plus another $400 to repair an oil pan she said was damaged when her car was towed.
"I went ahead and paid the money because it would've cost a lot more than that to get a lawyer and fight it," Vaughn said.
To be sure, there are costs associated with seizing vehicles. Martin's Towing in Brownstown Township, which handles the towing and storage of vehicles impounded by Wayne County Sheriffs, charges $130 for towing and $12 per day for storage. But that's far less than the $1,400 Vaughn had to pay.
"It took me a few weeks to get the $900 up to get my car back, and by the time I got that money, a couple hundred dollars was tacked onto the cost as storage fees," Vaughn said.
Meanwhile, Vaughn's friend Odom sued the Sheriff's Office for malicious prosecution. After a Wayne County Circuit judge determined the matter should be settled by a jury, the county appealed the case all the way to the state Supreme Court. The case is still pending.
Although ancillary to the subject of the appeal, Court of Appeals Judge Michael Talbot in February 2007 chided Wayne County attorney James Surowiec, saying the motivation for appealing Odom's case was really about forfeiture profits.
"It's all part of the ongoing exercise by the Wayne County Sheriff for seizing those vehicles and then selling them back to the owners," he said. "That's what this was all about."
Wayne County Prosecutor Kym Worthy declined to be interviewed, but issued a written statement.



"If people are soliciting prostitutes, selling drugs or otherwise profiting from criminal activity, as prosecutors we have the right under the law to forfeit property," Worthy wrote.
Wayne County Sheriff's officials also declined to comment.


Some frown on practice

Civil forfeiture is based on the concept that property is guilty, not the owner. And since property has no legal rights, it can be confiscated for any reason, without charges being filed -- even if an officer admits no crime was ever committed.
Some law enforcement officials frown on the practice of taking property without charging the property owner.
"Seizing people's property without also charging them is like legalized extortion," Fraser Public Safety Director George Rouhib said. "If you're going to take someone's property because they supposedly committed a crime, you should also charge them with that crime."
Vehicles seized under authority of Wayne County prosecutors for alleged civil drug infractions become county property if the owner does not pay the fine, plus towing and storage fees, within 20 days. Other alleged civil offenders, such as those accused of gambling or prostitution, have 30 days to pay before the county takes ownership.
Each subsequent time someone's vehicle is seized, another $900 is added to the charge to get it back.
If motorists don't make the payment within the allotted time, their property usually is auctioned off. Wayne County prosecutors keep 17 percent of money raised through drug seizures, and 27 percent of revenues from other types of seizures. The police department that confiscated the property keeps the rest.
The seizures can be appealed before a judge, but confiscated vehicles are held in an impound lot until the case comes to trial, which can take up to four months. And because the forfeitures are civil cases, vehicle owners must prove they didn't commit a crime, which legal experts say is a difficult task.
Another deterrent to fighting the seizures: If the motorist loses the appeal, the county takes ownership of the vehicle.
"Most people find it easier just to pay the $900, rather than fight the case," Dearborn attorney William Maze said. "And that's exactly what police and prosecutors are counting on."

http://www.detnews.com/article/20091...perty-seizures

[1KielsonDrive]

A direct result of all the 'tax cut' nuts out there. I dislike taxes almost as much as the next person. But when you keep cutting from everyone and disparities are throughout the system - this is what you get : property seizures, speeding and parking ticket scams, corporate sponsorships of schools and otherwise public and private entities. Schools are begging for money for art and sports. Food Banks are serving an all time high number of people. The whole system is spiraling downward, and Michigan is leading the way.

[Gannon]

Nah, don't be a divider.

Government got fat, no doubt about that...and now that they economy is tanked the grave train is derailed.


Even with the BEST of intentions, when you don't have income beyond your basic needs you cannot pay taxes. Between your family's health and welfare [[read the definition) and the government's voracious appetite, there is no choice.

Whole bunch of people learning how to live within their means nowadays...why should the government be any different?!


Too much money being sent to Washington then burnt up overseas on stupid false war actions...THAT is the main problem.


This forfeiture stuff? It is just the government being MORE blatant about their overall confiscatory nature...nothing more. Been that way from time-out-of-mind.

We need to end it NOW. In all forms and fashions, since it is being abused.

[Diehard]

I don't think it's about the economy and tax cuts as much as it is about abuse of power. Given a couple of court decisions upholding the legality of forfeiture laws [[in narrowly-defined cases) the police and prosectuors went nuts and took it as a license to steal from innocent people.
We need some of these egregious cases to get into the court system and get the laws fixed. The Supreme Court never intended for police departments to get their funding by stealing from the citizens they're supposed to protect.
Unfortunately, the people they're targeting can't afford a Fieger type to take the challenge. That's what the authorities are counting on.

[1KielsonDrive]

Gannon, you don't seem to understand my point. Yes, we as individuals are way over-taxed, as are small businesses. It's because taxes on the wealthy and international corporations have been diminished nearly to the point of non-existence. If you make millions and pay the same tax rate as a working stiff, there's a problem. In addition, the rich and mega-corps take their profits off shore and shelter them [[think UBS), in many cases illegally, to avoid paying any taxes. I received an IRA demand for a late file penalty for my corporate tax return last year. Never mind my accountant passed on, making it difficult to file properly and timely. Never mind the IRS made no claim additional taxes were due or my return was incorrect. They just demanded exorbitant late fees. Do you believe for a nano-sec, they'd lean on a powerful, rich person or corporation that would most certainly sick powerful, connected law firms on them? We're at a point in our society where everyting has to be sponsored. We pay for stadia for mega-rich individuals and they sell naming rights. Naming fees don't come back to re- pay our contribution, they go to further fatten the wallet of that mega-rich person. How much taxes does someone like Illitch or Ford pay? We'll never know. The whole tax structure is skewed to make the tax burden heavy for us and light, or non-existent, for very rich persons and corporations. We're [[cops, firefighters, waitstaff, EM Techs, carpenters, etc) fighting to maintian an equilibrium that's no longer here. High schools are selling naming rights and support for corporations to sponsor, and pay for their facilities. Taxes in themselves are not the answer. As you said, there is waste in government. The problem is who pays the taxes and where they go. You and I - the working stiffs, are paying them and they're going to the rich in cuts and breaks.

[Gannon]

I cannot agree more fully or forcefully with both Diehard and Kielson's commentary...thanks for clarifying yours, Kielson.

Cheers

[compn]

After a Wayne County Circuit judge determined the matter should be settled by a jury, the county appealed the case all the way to the state Supreme Court. The case is still pending.

http://www.detnews.com/article/20091...perty-seizures

the mich supreme court heard the case in 2013 [[9 years after the car seizing) and you know what it ruled?

Because of the errors committed below, we vacate the trial court's order with respect to defendant, vacate the judgment of the Court of Appeals and remand this case to the trial court for further proceedings consistent with this opinion.

back to circuit court! after 9 years of appeals courts.
these are our tax dollars at work. do you think we need to fix civil forfieture laws yet?


i'm sorry to bump a 5 year old thread, but a similar incident in 2012 in detroit , where 44 cars were seized at the "funk party" [[thread here http://www.detroityes.com/mb/showthr...k-Night-fiasco ) brought me to this case. i had to see what the outcome was!

the 2012 detroit 44 cars seized was brought up in this report from john oliver on his hbo news show about Civil Forfeiture. included is some security footage from the raid. where police are armed to the teeth and pointing guns at unarmed people in a dance floor.
https://www.youtube.com/watch?v=3kEpZWGgJks

[Wesley Mouch]

A direct result of all the 'tax cut' nuts out there. I dislike taxes almost as much as the next person. But when you keep cutting from everyone and disparities are throughout the system - this is what you get : property seizures, speeding and parking ticket scams, corporate sponsorships of schools and otherwise public and private entities. Schools are begging for money for art and sports. Food Banks are serving an all time high number of people. The whole system is spiraling downward, and Michigan is leading the way.

So a difficult financial situation leads otherwise good people to become thieves? Only more money into government hands can solve this 'direct result'.

I can agree with you 100% on our broken corporate tax system. But not at all in absolving our legislators in passing forfeiture laws to fund their daily operations. Its every bit as bad as the 'lottery is for schools' shell game. Oh, we'll take 100% of the money from forfeiture, and spend it on new equipment [[and then we'll take an equal amount of money OUT of our operations and redirect to salaries).

No blame on those officials or administrators or legislators. Just blame the corporations.

Too easy, #1.

[corktownyuppie]

Critics call confiscation practice a 'money-grab'

George Hunter and Doug Guthrie / The Detroit News

Detroit -- The way Krista Vaughn sees it, Wayne County fined her $1,400 even though police and prosecutors admit she broke no laws.
Vaughn, who has no criminal record, was required to pay for the return of her car, which was seized by police after they mistook Vaughn's co-worker for a prostitute. Even though prosecutors later dropped the case, Vaughn still had to pay.
Her story is not unusual. In Wayne County, law enforcement officials regularly seize vehicles without levying charges -- even in cases in which they later concede no law was broken. The agency provides perhaps the most prolific and egregious example of what critics contend is the wrongful use of laws allowing the seizure of private property.

http://www.detnews.com/article/20091...perty-seizures

I take issue with the use of the word "profits". Profits are something that are generated in exchange for offering value in the form of goods or services. This is just straight up theft.

[sumas]

Several years ago we had a friend who got picked up on a little known ordinance charge called "annoying persons" . The charge was dismissed but still out a large sum of money to get his car back. Actually the report read he was soliciting sex. The whole charge was a lie that was proven in court and the city did settle for 65K. The officer said he was observed for over an hour in Rouge park. We proved he was at work [[contract employee) with Ford Motor Co, left there to teach an aerobics class [[contract employee) went to Krogers to buy a snack to take to the park Time stamped receipt. He was in the park less than 5 minutes. With all the crime why should a police officer make up this terrible fabricated story? He was devastated by this fake charge.

[WKL]

John Oliver did his feature piece on this last Sunday on HBO. Including the 44 cars seized at the Funk Party, video included. Seems police departments and DA can do pretty much anything they want with money. One office bought a Margaretta machine. Funny Law and Order - Civil Forfeiture Unit spoof at the end of the show

[Dan Wesson]

John Oliver did his feature piece on this last Sunday on HBO. Including the 44 cars seized at the Funk Party, video included. Seems police departments and DA can do pretty much anything they want with money. One office bought a Margaretta machine. Funny Law and Order - Civil Forfeiture Unit spoof at the end of the show

[Dan Wesson]

Some more reading...

http://www.washingtonpost.com/sf/inv...top-and-seize/

[Cincinnati_Kid]

Gannon, you don't seem to understand my point. Yes, we as individuals are way over-taxed, as are small businesses. It's because taxes on the wealthy and international corporations have been diminished nearly to the point of non-existence. If you make millions and pay the same tax rate as a working stiff, there's a problem. In addition, the rich and mega-corps take their profits off shore and shelter them [[think UBS), in many cases illegally, to avoid paying any taxes. I received an IRA demand for a late file penalty for my corporate tax return last year. Never mind my accountant passed on, making it difficult to file properly and timely. Never mind the IRS made no claim additional taxes were due or my return was incorrect. They just demanded exorbitant late fees. Do you believe for a nano-sec, they'd lean on a powerful, rich person or corporation that would most certainly sick powerful, connected law firms on them? We're at a point in our society where everyting has to be sponsored. We pay for stadia for mega-rich individuals and they sell naming rights. Naming fees don't come back to re- pay our contribution, they go to further fatten the wallet of that mega-rich person. How much taxes does someone like Illitch or Ford pay? We'll never know. The whole tax structure is skewed to make the tax burden heavy for us and light, or non-existent, for very rich persons and corporations. We're [[cops, firefighters, waitstaff, EM Techs, carpenters, etc) fighting to maintian an equilibrium that's no longer here. High schools are selling naming rights and support for corporations to sponsor, and pay for their facilities. Taxes in themselves are not the answer. As you said, there is waste in government. The problem is who pays the taxes and where they go. You and I - the working stiffs, are paying them and they're going to the rich in cuts and breaks.

Excellent commentary. This country is going in the _hitter and fast, and Michigan is trying to lead the brigade.