The Michigan Legislature passed a package of laws in 2015 that raised the standard of evidence required before the state could take possession of property through civil asset forfeiture. The standard was changed from “preponderance of evidence” to “clear and convincing evidence.”[18] This helps protect innocent people from forfeiture abuse by requiring the government to build a stronger case before an individual’s private assets can be taken.
The reforms also mandated new reporting requirements. Every law enforcement entity in Michigan must file a report stating how many forfeitures it processed, the types of assets forfeited and the value of these assets. The report must also state the charges associated with these seizures and any subsequent convictions, among other things.[19]
Gov. Rick Snyder signed into law a bill in 2016 that eliminated upfront bond requirements for challenging improper seizure of property. Individuals no longer must pay 10% of the value of the property they claim was wrongfully seized. This unnecessary financial barrier prevented people whose property had been seized from using the courts to try and get their belongings back.[20]
In 2019, Michigan began requiring the government to obtain a conviction in criminal court for certain crimes before someone’s property could be forfeited. Lawmakers passed House Bills 4001 and 4002 and Senate Bill 2 to that effect.[21] These bills still left several loopholes in place, however, which are described in a later section of this report.
The Michigan Legislature backtracked on some of the above reforms in 2022. Policymakers changed the 2019 law to permit forfeitures without a criminal conviction of assets valued at more than $20,000 at airports. The law had permitted forfeitures of this type but only for seizures of $50,000 or more in cash.
In legislative testimony, law enforcement and airport authorities argued that keeping cash seized at airports was “one of their most effective tools against drug trafficking.” They claimed criminals were able to move illicit money and drugs, and then slip away before being convicted.[22]