ij.org/press-release/sixth-cir

"ARLINGTON, Va.—Today, the 6th U.S. Circuit Court of Appeals ruled that Wayne County violated the rights of Detroiters by not offering prompt court hearings within two weeks of their vehicles being seized. Wayne County regularly seizes and retains vehicles for months or longer without providing an opportunity for a hearing to challenge the seizure and get their vehicles back."

"According to the court’s own opinion, it usually takes “at least four months, on top of any previous delays (usually an additional four to six months)” for a car owner to get in front of a judge after their car has been seized. The court further held “that Wayne County violated [the] Constitution when it seized plaintiffs’ personal vehicles—which were vital to their transportation and livelihoods—with no timely process to contest the seizure."

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"According to plaintiffs, Wayne County seizes vehicles simply because of the vehicle’s location in an area generally associated with crime. Regardless of the owner’s innocence, Wayne County impounds the vehicles and its contents until the owner pays a redemption fee. This fee is $900 for the first seizure, $1,800 for the second, and $2,700 for the third, not including other fees for towing and storage.

If the owner is unwilling or unable to pay the redemption fee, the only alternatives are either to abandon the vehicle or to wait for county prosecutors to decide whether to initiate civil forfeiture proceedings."

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