Posted on 08/26/2016 10:30:13 AM PDT by MichCapCon
In Traverse City, a couple could lose thousands of dollars in cash as well as their home because of the state’s loose civil forfeiture laws. Their case shows the perspective of both sides of this issue, but the solution is fairly simple – governments should not be able to take ownership of people’s assets unless they are convicted of a crime.
The Traverse City Record-Eagle does a great job laying out the situation. The Traverse Narcotics Team believes Kenneth and Mary Murray profited from what it calls “ill-gotten gains.” The law enforcement agency accuses the couple of violating the state’s medical marijuana law by selling to people who did not have a physician-granted prescription. It also says the couple has made and sold edible medical marijuana, which is illegal.
While no charges are currently filed against the couple, Kenneth has been charged with drug crimes in the past. He pleaded guilty to two counts of delivering or manufacturing an imitation controlled substance in 2015.
The Traverse Narcotics Team and county prosecutor are accusing the Murrays of using the sale of illegal substances to gain $3,863 in cash as well as a $262,657 home. So, as is legal under current Michigan law, they’ve seized the cash and home and are attempting to forfeit (transfer) the assets to the state. As the Record Eagle reports:
Detective Sgt. Randy Graham argued the couple's home and money are "ill-gotten gains," earned through medical marijuana sales that violated Michigan's medical marijuana law.
"(Criminal forfeiture is used) so that the criminals involved in the drug trade don't benefit from their crimes financially," Graham said.
The Murray’s attorney argues in a court filing that “there is no evidence that any of the proceeds that were in the bank are the product of any illegal activity.”
While there are many examples of major abuse of civil forfeiture laws (see here for a good list in Michigan), this situation is more typical. Law enforcement suspects someone has gained assets through illegal activity, seizes it, and then places a high burden on the person to get it back. All this can be done before the person is convicted, or, in some cases, even charged with a crime.
But the ideal system would work in the opposite direction: Law enforcement should bring charges against a person for illegal activity, obtain a conviction in court, and prove the assets were gained through proceeds from the crime. Then, and only then, could the state take possession of the property.
Forfeiture is a necessary part of the criminal justice system. People who gain money, cars, homes and other property through illegal activity should not get to keep ill-gotten gains. But law enforcement should have to convict someone of a crime before taking possession of that person’s property. The Michigan Legislature should end civil forfeiture and only allow the state to take ownership of property after going convicting someone in the criminal justice system, just as the states of New Mexico and Nebraska have recently done.
interesting.
Just make a $50,000 contribution to the Granholm Foundation to access justice. It’s the new pay to live system getting so much traction lately.
I wonder what country Traverse City is in?
Life, liberty, and property - PROPERTY - are to be protected from both federal and state government by due process: 5th & 14th.
The parties involved may be as guilty as sin, but let the government prove it in court first, before taking one penny from them.
In a sane world with the rule of law, this would long ago have been categorically stopped.
We live in a post-Constitution America.
When I was a young girl we went there every summer for vacation. Great memories.
We would go there on a day trip whilst spending two weeks at Glen Lake.
If they can't PROVE it, then they have absolutely NO right to confiscate ANYTHING.!!
Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
But of course we "common folk" are just stupid to understand what the constitution actually says...
But...maybe pretty soon we will figure out haw to make a hangman's knot... I think that might come in handy in the near future....
Civil asset forfeiture is one of the greatest evils of government.
There should be a Constitutional Amendment stopping this kind of abuse of power. It could read something like:
“No person shall be deprived of property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Maybe we could add something about equal protection under the law. But basically, something like that.
The simple answer is to make sure the Civil Asset Forfeiture laws work BOTH WAYS, Any PUBLIC SERVANT found liable or guilty of a FALSE ARREST, or of MAKING DELIBERATE FALSE STATEMENTS during the course of their official duties, SHALL be Considered to have received “Ill Gotten Gains” from ILLEGAL ACTIVITY, ALL Assets shall be seized Immediately.
See how they like that then.
No charges have been filed. There is no legal basis for any form of prosecution.
The snail's pace of our legal system often causes there to be no penny remaining to take upon conviction. Between hiding assets and simply spending it the criminal can get off scott free.
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