Contact Us

Michigan Laws Making News

What Laws Are Impacting Grand Rapids Area Residents

Ledford & Associates

With over 20 years of experience in the legal profession Paul Ledford cares about you and your legal needs.

Tag: Asset Forfeiture

New Michigan Law Lets Cops Seize Cash At Airports, No Crime Required

June 22, 2022

Two bills (HB 4631 and HB 4632) that expand civil forfeiture at airports, making it much easier for law enforcement to seize—and permanently keep—cash and other valuables from travelers.

Read more at Forbes

Future of eviction moratorium unknown

May 7, 2021

A federal judge ruled the CDC overstepped its authority when it issued a nationwide eviction moratorium. What the ruling actually means still remains to be seen. Based on the move the Biden administration makes next in response and if a stay is granted.

One thing to remember: you cannot be forced from your home without an eviction notice.

Read more at WXYZ Detroit

source

Supreme Court rules against Oakland County in foreclosure windfall case

July 20, 2020

Because of what was considered an oversight, Uri Rafaeli owed $8.41 in 2011 taxes on a rental property in Southfield.

Read more at Macomb Daily

source

Indiana Supreme Court Applies Eighth Amendment to Curb "Oppressive" Asset Forfeitures

November 4, 2019

"In February, in the case of Timbs v. Indiana, a unanimous Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment applies to state and local governments (as well as the federal government) and that it constrains civil asset forfeitures. Civil asset forfeiture policies enable law enforcement agencies to seize property that they suspect might have been used in a crime—including in many cases where the owner has never been convicted of anything, or even charged.

To determine if a forfeiture would be "grossly disproportional" and unconstitutional under the Excessive Fines Clause, the Indiana Supreme Court devised a three-factor test. First, Hoosier courts will now have to consider the "harshness of the punishment," which may include considering if the forfeiture would remedy the harm cause by the offense and to what extent, as well as property's value and role in the offense.

Judges will also need to determine what effect forfeiting the property would have on the owner. After all, courts already consider a person's economic resources when it comes to levying court costs and civil punitive damages.

"The owner's economic means—relative to the property's value—is an appropriate consideration," Chief Justice Rush wrote. "To hold the opposite would generate a new fiction: that taking away the same piece of property from a billionaire and from someone who owns nothing else punishes each person equally."
Second, courts in Indiana must determine the "severity of the offense," which includes examining statutory penalties, the sentence imposed, and the harm cause by the crime. Finally, judges will also be required to consider an owner's culpability and "blameworthiness for the property's use as an instrumentality of the underlying offenses." A forfeiture may be unconstitutionally excessive "if a claimant is entirely innocent of the property's misuse."

Read more at reason.com

Posted In:
We have a professional staff working day in and day out to represent our clients and make your voice heard.
Ledford & Associates
3181 Prairie St SW
Suite 106
Grandville, MI 49418
(616) 257-3300
Copyright © 2022 Ledford & Associates
Website by 
GRMacGeek
Top