RC seizure question

[liftsiron]

RC it has been nearly three weeks since the cops came into my house with a search warrant for steroids and narcotics. They also searched my place of employment and seized three computers. I have not been charged with any crime, and I'm thinking that I may not get charged unless the police fabricate something. My question is how long can they hold my computers and other personal and business items. Is there a reasonable amount of time that they are expected to return property in, I live in Michigan. I know in your book that you state, that the burden of proof lies with the state now after the Hyde, Clinton bill, does this pertain to all siezure of property?

One more question I was hammered with questions while handcuffed behind my back and sat in a chair for two hours, not allowed to even stand up and readjust my cuffs. Before questioing I was not read my rights. On at least three occasions I stated that I wanted an attorney present, I was refused, The cops said that I was not under arrest so I didn't need a lawyer, yet they continued to question me. As far as I was concerned I was in custody, handcuffed in chair not even allowed to stand or take a piss.

Also my lawyer, paged through your book and requested that I leave it with him to read. I found the book facinating and very easy to read and understand for a lay person.

 

[ROID WARRIOR]

"RC it has been nearly three weeks since the cops came into my house with a search warrant for steroids and narcotics. They also searched my place of employment and seized three computers. I have not been charged with any crime, and I'm thinking that I may not get charged unless the police fabricate something."

You need not be charged with any crime for the People to proceed on a civil asset forfeiture theory. The wrongdoer is actaully the property itself, not the person. Thus, the case caption might read: The people of the State of Michigan v. three Dell Dimension personal computers, $10,000 U.S currency, etc.

"My question is how long can they hold my computers and other personal and business items. Is there a reasonable amount of time that they are expected to return property in, I live in Michigan."

Start by looking at Michigan Compiled Laws Annotated 333.7521. Under Michigan law, the People have four months in which to commence the forfeiture action. You have merely 20 days to repsond when served with the notice of intent to forfeit. I'm not sure how much time the People have to serve the notice of intent. Under CAFRA, the People must serve notice of intent to commence a forfeiture action within 60 days of the seizure.

"I know in your book that you state, that the burden of proof lies with the state now after the Hyde, Clinton bill, does this pertain to all siezure of property?"

Actually, CAFRA only applies to federal civil asset forfeiture. Read the story of Winnie, et al., which coincidentally for you, is also a Michigan case. It's been some time since I looked at this, but If I recall correctly, pursuant to Michigan State law the burden of proof remains with the innocent claimant/property owner. And you'll also still have to post a bond of up to 10% of the value of the property claimed. CAFRA won't help you in your state case.


RW

 

[liftsiron]

Thanks RW

 

[liftsiron]

CAFRA please explain

Does property need to be proven, to be purchased with ill gotton gains in order for it to be seized? Does the accused need to own the property. If a person has no ownership in a legitimate business, only an employee, can this business be siezed if the employyee is accused of selling steroids on said premises. This case is in federal hands. No steroids were found when a search of the business was conducted. The case boils down to the word of a fired employee against the employee who fired him. Thanks for any help.