“”Traveling with cash is not a crime,” notes Institute for Justice senior attorney Dan Alban. “People regularly fly with large amounts of cash for a wide variety of completely legitimate reasons related to their business or personal finances. Allowing authorities to take air travelers’ cash without a criminal conviction, simply because they have a large sum of money, is a blatant violation of their rights. This will lead to innocent people losing their money and is a massive step in the wrong direction by Michigan lawmakers.”
As Rep. Filler (R–DeWitt) tells it, Michigan’s civil forfeiture reforms, which legislators enacted in 2015, 2017, and 2019 after hearing testimony about greedy cops who indiscriminately stole people’s property, invited drug traffickers to carry their ill-gotten gains into and out of Michigan with impunity. “Drug trafficking will not be tolerated in Michigan,” Filler says. “The men and women who keep our airports secure need to have the proper authority to keep drugs and drug money out of our state—and this reform gives them the tools they need to get the job done.”
Gov. Gretchen Whitmer, a Democrat, signed “this reform” into law last week. H.B. 4631, which Filler sponsored, makes an exception to a law requiring a criminal conviction before a forfeiture can be completed. It says that requirement does not apply to airport seizures of cash or other property worth more than $20,000. H.B. 4632, which was sponsored by Rep. Alex Garza (D–Taylor), eliminates a property owner’s right to seek a stay of forfeiture proceedings in such cases pending the outcome of a related criminal case.”
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“Forfeiture affidavits routinely employ vague boilerplate that falls far short of establishing the criminal nexus they allege. This guy was carrying a lot of money, they say, and we suspect it is connected to drug trafficking. He bought a one-way ticket, and he seemed nervous when we grilled him, which reinforced our impression that he must be a drug dealer. Maybe the money came from selling drugs, or maybe it was intended to buy drugs. Either way, we want to keep it.
In Michigan, law enforcement agencies generally get to keep 90 percent of the proceeds from forfeitures they initiate, which is even more generous than the 80 percent they can expect from forfeitures “adopted” by the Justice Department through its “equitable sharing” program. That is a strong motive to claim that large sums of cash are connected to drug trafficking, even when there is little reason to believe that is true. The results of such perverse financial incentives are apparent in one case after another where cops seized an innocent person’s hard-earned money because they assumed he had no legitimate reason to have it.”