Michigan Rolls Back Reforms of Civil Asset Forfeiture

Michigan is now a more dangerous place for anyone who flies with large amounts of cash.

From 2015 to 2019, in response to complaints that greedy cops were indiscriminately grabbing property they claimed was connected to criminal activity, Michigan legislators repeatedly amended the state's civil asset forfeiture laws. This year they partly reversed those reforms, making it easier to confiscate travelers' cash in the name of cracking down on drug trafficking.

Michigan previously required a criminal conviction prior to completion of forfeitures involving cash or other property worth $50,000 or less. A pair of bills that Gov. Gretchen Whitmer signed into law on May 26 lowered that ceiling to $20,000 for assets seized at airports. "Drug trafficking will not be tolerated in Michigan," declared state Rep. Graham Filler (R–DeWitt), who sponsored one of the bills. "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." Rep. Alex Garza (D–Taylor) claimed his related bill made Michigan "a safer place," because "drug traffickers will now think twice before trying to profit off the lives of our residents."

Whitmer, a Democrat, was equally enthusiastic. By removing barriers to forfeiture of property "seized in association with a drug crime," she said, the two bills "empower airport authorities to crack down on drug crimes at airports."

Far from being "a safer place" thanks to "this reform," Michigan is now a more dangerous place for anyone who flies with large amounts of cash. Whitmer assures us there is no cause for alarm, because this money is "seized in association with a drug crime." But that's an allegation the government should have to prove, not a presumption that travelers should have to rebut after armed agents of the state have already robbed them.

Forfeiture affidavits routinely employ vague boilerplate that falls far short of establishing a criminal nexus. Michigan law enforcement agencies have a strong incentive to assume that money they come across is drug-related, because they generally get to keep 90 percent of the proceeds from forfeitures they initiate.

"Traveling with cash is not a crime," notes Institute for Justice senior attorney Dan Alban, whose organization has represented many innocent people whose allegedly drug-tainted money was seized at airports. "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."

Comments

[Davedave]

While it is clearly a violation of privacy rights to seize cash, the reality is that the only _good_ reason to travel with cash is because you're committing some kind of crime. Otherwise, please, please, people, put the cash in a bank and use some kind of financial instrument.

[chemjeff radical individualist]

the only _good_ reason to travel with cash is because you’re committing some kind of crime.

https://www.clevelandfed.org/en/newsroom-and-events/publications/economic-commentary/2022-economic-commentaries/ec-202207-unbanked-in-america-a-review-of-the-literature.aspx

In 2019, 5.4 percent of US households were unbanked, meaning that no one in the household had a checking or savings account at a bank or credit union (FDIC 2020).1 The likelihood of being unbanked was even higher for some segments of the population, such as low-income and racial and ethnic minority households.2 As shown in Figure 1, there has been a general improvement over time. Nonetheless, the United States still has a lower rate of access to banking services than most other developed countries (Demirgüç-Kunt et al., 2018).

So, what were the primary reasons for people to be unbanked?

- Cannot meet minimum balance requirements
- Lack of trust in banks
- Desire for more privacy
- High bank account fees
- Unpredictable bank account fees

So the reason for not having a bank account that even comes closest to "because I am committing a crime" is #3 on the list.

[Davy C]

Do you expect most people to respond with that on a survey even if it's true?

[chemjeff radical individualist]

Many did. They called it "desire for more privacy".

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[Quicktown Brix]

"the only _good_ reason to travel with cash is because you’re committing some kind of crime"

I see that you've considered all possibilities and come to a conclusion that's good for everyone in all situations. Nice.

[rbike]

I did two $12,000 transactions this last spring. I received payment (120 $100 bills) for a 2014 vehicle I was selling. I took the cash and spent it at a car dealership for a slightly more expensive vehicle. The dealership let me pay the balance two days later. I rarely you cash but I fear that losing that option will hurt many. And the government will abuse the control of our money at some point.

[Stuck in California]

Bought a motorcycle for more than $6K. Paid in cash.

Where's the crime for me carrying a fat stack? It's a huge hassle taking non-cash payments when you're selling something like that private party. Should I have to set up a brokerage account? Should I have had to get a bank check or... I don't know how the fuck I'd do it that wouldn't be a great big hassle.

We met, looked at the motorcycles (the one he sold me and his new one), enthused about various aspects of bikes, dickered for a while, as is traditional, then I gave him what we agreed was a fair price and we were both happy.

Done. Sign the bill of sale and hand over the pink slip then I'm off. Every salesman knows when you make the deal you want to close it right away, before anyone gets to second guessing. Any other method would mean I'd have to know the price before seeing the bike, or given him a check which he would be stupid to take from a stranger, or gone down to the bank with him and done some rigamarole or other...

It's legal currency. It isn't ill gotten. I had it because I saved up a few hundred a month for a year and a half, not because I was financing terrorism or selling drugs. It was spent on a legal transaction for a legal good, which was later legally registered with the State. It was a good deal, everyone is happy, I'm actually still in touch with the seller a few years later because we both like motorcycles and he's a good guy. There's literally nothing untoward there.

But I did, in fact, travel with $7K in my pocket. Two years of skimping a bit and working extra to have money to save, which could be lost because some cop says (not proves) I am somehow a bad guy under forfeiture laws. I can definitely see people traveling with more, for whatever reason.

Anyone who says "If you're not doing anything wrong you don't have anything to worry about" lacks imagination.

[Mickey Rat]

It is not illegal in itself to carry large amounts of cash. Indeed, if you believe in property rights, there is an inherent right to carry whatever amount of cash you own (whether this is a wise thing to do is a different question). Therefore, carrying what law enforcement arbitrarily deems a large amount
of cannot be considered proof in itself that a person has committed some sort of crime and that the government has the authority confiscate the money absent any other evidence. To do so makes a mockery of civil rights.

[JohnZ]

Is not to worry komrade. Soon will be digital currency and all will be well.
Besides you won't need much to buy food(bugs) and live in a pod.
You will own nothing and be happy.

[Darth Buckeye]

Nonsense. Sometimes you need to pay for goods or services and it is easier to use cash than it is to use a check or credit card.

[GraniteLiberty303]

"While it is clearly a violation of privacy rights to seize cash, the reality is that the only _good_ reason to travel with cash is because you’re committing some kind of crime."

Full stop at "While it is clearly a violation of privacy rights to seize cash"

Carrying cash even "large amounts" (whatever that means) should not on its own be considered a "reasonable suspicion" that a crime is underway. And they definitely should not be allowed to keep the money and/or confiscated property if no charge is ever brought against the person in question (or the charge has been dismissed). Moreover this: "the reality is that the only _good_ reason to travel with cash is because you’re committing some kind of crime" is utter nonsense, because the government nor you can't possibly know what every "good reason" could be.

If Congress or the states want to mandate all citizens be required to deposit their money in banks and only carry "small amounts" of cash, then they can go ahead and try to pass that law. And any liberal, conservative, or libertarian, worth their salt, should oppose that law on numerous grounds. But until then you nor the government should have a right to decide that "there's no good reason" to travel with large amounts of cash.

And while I support allowing the police to do their jobs, not at the expense of further erosion of our Fourth Amendment, and property rights. And I damn sure don't buy into the War on Drugs, which is the MI State Government's excuse for this decision.

[Earth-based Human Skeptic]

Stupid cunt.

[Sandhillguy]

"...because you’re committing some kind of crime"
Not cool to judge people's motives for engaging in perfectly legal activity.

[chemjeff radical individualist]

"Drug trafficking will not be tolerated in Michigan," declared state Rep. Graham Filler (R–DeWitt), who sponsored one of the bills. "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."

Goddamn Democrats and their liberty-hating agenda. Why do they hate America?

[mpercy]

I see that Gov. Whitmer (D) wholeheartedly supported the move too, rather than vetoing the evil sonsabitches new law. Both sides, am I right?

[JohnZ]

Correct. With so many people moving out of Michigan, the Lansing lame brains, are attempting to make up for the loss of taxes.

[Mickey Rat]

Yes, this a case of bipartisan political establishment horribleness.

[chemjeff radical individualist]

No no no. Team Blue is WORSE! WORSE I TELL YOU!!!!111111!!!

You see, Team Red supported it regrettably. They really had no choice. They were forced to by Team Blue. They were just adopting Team Blue's tactics. You can't expect Team Red to just sit back and let Team Blue run all over them, can you? Therefore totally justifiable and Team Red is totally off the hook for any blame.

On the other hand, Team Blue supported it because they are intrinsically evil. This is not up for rational debate. They are evil monsters who hate freedom and deliberately want to confiscate your cash to further their aims of turning America into a third-world shithole. There is no good-faith rationalization for what they did. None.

So it looks like you too, Mickey Rat, have fallen prey to BOWFSIDEZ! when you fail to condemn Team Blue with the harshness that they deserve, and you fail to consider the rationalizations and extenuating circumstances for Team Red's behavior.

You have to remember:
If Team Blue does something bad, it's because they're evil.
If Team Red does something bad, it's because Team Blue made them.

[Mickey Rat]

Get some help.

[Earth-based Human Skeptic]

Or kill yourself.

[Sandhillguy]

Why did red have no choice? Remember Joanne Worley's bit from Oklahoma on Laugh-in?
"I'm just a girl who can't say n-n-n-n-n-n..."

[Jerryskids]

The COVID money must be running out, the state needs to start scrambling for cash.

[OpenBordersLiberal-tarian]

Yeah but Florida is still worse than Michigan.

Did you know Ron DeSantis literally made it illegal to say "gay" in the entire state? Biden's DOJ probably should have imprisoned him for that. And now that #Resistance legal experts on Twitter told me he's guilty of KIDNAPPING and HUMAN TRAFFICKING, the case against him is even stronger.

#LibertariansForImprisoningBidensEnemies

[Darth Buckeye]

It literally does not say "gay."

"Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards."

https://www.cnn.com/2022/03/10/politics/florida-dont-say-gay-bill-what-matters/index.html

I don't see the word "gay" in there.

[D-Pizzle]

You must be new here.

[Its_Not_Inevitable]

He's a Buckeye. They're not the sharpest tools in the shed.

[Sandhillguy]

Just how dumb are you? Scale 1-10, please?

[GroundTruth]

Begun has the war on cash.

[Mr. Bumble]

...the "war" for cash.

[Quicktown Brix]

"Drug trafficking will not be tolerated in Michigan," declared state Rep. Graham Filler (R–DeWitt), who sponsored one of the bills. "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."

Brilliant, cutting-edge ideas here. Why didn't anyone think of this before? Surely this will work.

[n00bdragon]

I thought the TSA was supposed to keep terrorists off planes. Now they not only need to keep drugs, but drug money off of planes?

[JohnZ]

Like it has before.

[JohnZ]

So when I'm driving with some cash in my pocket, I am now considered a drug trafficker. Which means the police can pull me over demand I hand over to them my "drug money" or else.
I pay cash for everything. Have only used a CC for one, maybe two purchases at a home improvement center.
Thank you Gov. Bitchmer. I will be voting against you in the next election.
That is if we're allowed to vote.
First, she sends elderly people to their deaths, then she comes after your cash. Of course her drunken lesbian Atty. Gen. Dana Nessel will get her cut of the cash.

[Uomo Del Ghiaccio]

Democrats and Republicans agree: It's important to not limit the regime's ability to steal and collect graft from it's citizens.

[Liberty_Belle]

Who's flipping business is it that I'm carrying cash or not ? What if I'm paying cash for a car / boat / whatever-else-is-not-your-business ?

How is this constitutional ? If it is in interest of law, how come the burden is on the citizen to prove the money is legit ? If I'm innocent until proven guilty, why isn't my property also innocent until I'm proven guilty. Did it occur to folks that people seeing bank seizure and frozen accounts are why people might want some liquid cash on hand ? What do you have to do to keep other people's nose out of your personal affairs. >=(

[Earth-based Human Skeptic]

Consti-what?

[Vernon Depner]

"How is this constitutional ?"

Quaint.

[Stuck in California]

>How is this constitutional ?

I'm guessing commerce clause. It's always commerce clause.

[Diane Reynolds (Paul.)]

Even Ann Arbor?

[windycityattorney]

At one point in the u.s. something like 80% [or more these were estimates] of all 100dollar bills in circulation had traces of illegal drugs on them. I don’t recall all the numbers, but 20s 10s also suffered from high rates of trace amounts of drugs.

If one were so inclined to ‘connect’ any decent amount of cash to drugs, it would still likely be trivially easy even though cocaine powder is not as popular as it once was. Don’t even get me started on field tests and dog alerts.

Civil asset forfeiture is almost a complete scam [admittedly sometimes the cops disgorge criminal profits/assets] that incentivizes exactly all the wrong police behaviors. But hey, that new dodge charger police edition won’t pay for itself.

[JohnZ]

Just don't carry any cash anymore. Come to think of it don't have any cash at all.
Just wait, In a few months there won't be anything to purchase anyway.
Walmart has cancelled orders, Target has cancelled orders, the big three can't sell incomplete vehicles, overseas shipping is falling and there won't be any gasoline anyway as another refinery just went up in flames. The grocery store shelves are emptying so there won't be anything food left to buy anyway. So what are you gonna buy? Training bras for your fifteen year old son?
And Biden says "What me worry? ....you're all mentally unbalanced" .

[BlueCollarCritic]

Politicians seeking to make it easier for law enforcement to legally rob citizens. Who would have guessed this would happen in a Democrat controlled state?

[Carey Allison]

Sooner or later, one or maybe several wronged citizens are going to enforce a right of private action against the thief who stole his/their money. It will likely be someone who doesn't have the money to contest the seizure, or just somebody who doesn't like to be fucked with and is subject to the forfeiture of an amount of cash that is smaller than an attorney's fee to get it back, or perhaps a man who lost a large enough sum to ruin his life and or business, and has no more money for a lawyer and can't get pro bono representation. Done by whomever, sooner or later . . . .
Of course, he will be labeled a "right-wing extremist", the state will have a new hero to name a road or a bridge after, and perhaps a few children will be deprived of their daddy - but - ya'know - ya got to break a few eggs to make an omelet, and the state needs the money. Were I sitting on a jury, I wouldn't vote to convict.