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IPFS News Link • Justice and Judges

Can Property Commit a Crime?

• https://mishtalk.com by Mish

The Wall Street Journal asks Can Police Simply Take Your Car?

Stephanie Wilson was never accused of a crime, but Detroit police seized her car anyway. For nearly two years, Ms. Wilson asked to see a judge. But her requests were ignored, and, instead, she was forced to attend repeated pretrial conferences with prosecutors. Missing one would automatically mean losing her car forever.

Ms. Wilson insisted she had done nothing wrong. Prosecutors took the car because they alleged her ex-boyfriend had used it to transport drugs, even though he was never charged with a crime and no drugs were found in the car. More important, the car belonged to Ms. Wilson, not her ex. Still, prosecutors refused even to let Ms. Wilson retrieve her child's car seat from the car while she waited for a judge to hear her case.

This is civil forfeiture—a legal mechanism that allows the government to seize property because the government alleges the property is connected to a crime. Because the property, not its owner, is formally the "defendant," considerations of due process—such as a right to a speedy trial—go out the window.


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