Michigan Supreme Court: Motorist forfeited money despite illegal search
7/3/2007, 5:51 p.m. EDT
The Associated Press

LANSING, Mich. (AP) — The Michigan Supreme Court on Tuesday denied the appeal of a motorist who had to forfeit nearly $181,000 that was found in a backpack during a traffic stop, even though the money was seized illegally.

The court ruled 4-3 that Van Buren County prosecutors could seize the money, upholding decisions by a circuit judge and the Michigan Court of Appeals. Forfeiture is the loss of property due to breaking a law.

Tamika Smith, who was stopped by a Michigan State Police trooper, lost the money when a judge ruled prosecutors presented enough other evidence to show it was intended to buy illicit drugs. The evidence of the money had been suppressed because the trooper's search of her trunk was nonconsensual.

Justice Elizabeth Weaver wrote in the majority opinion that the totality of circumstances — including Smith having a large sum of cash despite reporting a meager income and the stop being made along a known drug corridor — backed up earlier rulings. She was joined by Chief Justice Clifford Taylor, Maura Corrigan and Robert Young Jr.

Stephen Markman, Michael Cavanagh and Marilyn Kelly dissented.

Markman accused the majority of redefining the law to avoid the necessary consequences of suppressing evidence. He said the fact that a person is low-income and driving in a rental car along Interstate 94 between Detroit and Chicago can describe innocent behavior and is not enough to support forfeiting the money.
© 2007 Associated Press

Things that make you wanna puke .....

As far as property goes .. people in the US now have to prove that they should have the property they are holding.

Otherwise the cops get to keep everything they find.

The cash is being held by the cops that committed the illegal search.

They are being rewarded for breaking the law.

[DIGITALHIPPY]

yea, i already hated cops.
stupid dirty rotten fuckin pigs.

If I actually had faith in our goverment/law enforcement, a little bit would have been lost after reading this.

Guilty until proven innocent.

[Jimmy_Shelter]

More than likely the money was Crack, or Meth money. If thats the case, i am glad she lost it all. What a dumb ass to carry that much cash through a known drug trafficking area. Kinda like being pissed that ya was bit by a gator , after walking through a swamp with raw meat in your pocket. Crack and Meth are Hard core drugs, that have no place in society.
However it does suck that they are holding the cash on an illegal search and seizure.

Originally Posted by Jimmy_Shelter

More than likely the money was Crack, or Meth money. If thats the case, i am glad she lost it all. What a dumb ass to carry that much cash through a known drug trafficking area. Kinda like being pissed that ya was bit by a gator , after walking through a swamp with raw meat in your pocket. Crack and Meth are Hard core drugs, that have no place in society.
However it does suck that they are holding the cash on an illegal search and seizure.

I'm guessing that you haven't thought that through much ..

The "gator" is a cop that is supposed to obey laws.

BTW .. where is the list of roads that are subject to forfeiture of all your cash? I live in the countryside. Farmland .. period. Yet I live within three miles of 94. Does that mean that I can't carry any cash with me at all?

Perhaps she was a crack or meth dealer. It doesn't matter as there was zero evidence that it was drug money.

The current system is allowing any cop to take anyones money any time for any (or no) reason at all.

Doesn't that make your gut churn?

it doesn't matter what the money was for. Who's to say they weren't driving somewhere to purchase a home. Whos to say it wasn't someone who had just sold a shitload of ganga. Maybe they just didn't like banks.

the point is, cops shouldn't just be allowed to confiscate cash. What the fuck ever happened to innocent until proven guilty. o yea.....the patriot act fucked that over.....nevermind.

[Greenjag]

Isn't it about time you folk had another revolution?

You justifiably kicked out us Brits in the 18th century for giving you too much shit and now your own government gives you even more!

Our guns were taken off us, maybe time to use yours before the same happens!

Originally Posted by Greenjag

Isn't it about time you folk had another revolution?

You justifiably kicked out us Brits in the 18th century for giving you too much shit and now your own government gives you even more!

Our guns were taken off us, maybe time to use yours before the same happens!

Thank you.