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Detroit Metropolitan Airport Money Cash Seizure Lawyers

Summer travel is heating up, but anyone flying in or out of Detroit Metropolitan Airport with cash should think twice.

Late last month, Gov. Gretchen Whitmer signed two new laws (HB 4631 and HB 4632) that make it much easier for airport police to seize and permanently keep cash and valuables from travelers without filing criminal charges.

Michigan’s Backwards Step on Civil Asset Forfeiture

These new laws are a major step backwards for civil liberties and justice in Michigan.

Allowing airport police to take money from travelers simply because they have a large amount of cash, without requiring a criminal conviction, is a blatant violation of constitutional rights.

Unfortunately, Detroit Metro is already a hotspot for questionable cash seizures by federal agents.

This article will break down what travelers need to know about the new laws, how cash is seized, and what legal defenses are available.

Understanding Detroit’s Airport Cash Seizure Laws

The two recently signed bills create a special carve-out in Michigan’s civil asset forfeiture laws for airports.

Specifically, the new laws allow police employed by Detroit Metro Airport to seize cash and property valued over $20,000 without securing a criminal conviction.

How Michigan’s 2019 Reforms Were Undermined

Previously, Michigan reformed its civil forfeiture laws in 2019 by passing a bipartisan bill requiring a criminal conviction before most assets could be permanently forfeited.

That reform bill only allowed conviction-free forfeiture for assets under $50,000 when the owner did not contest the seizure.

So in most of Michigan, authorities now need a conviction before seizing property.

But the airport loophole essentially undoes those protections for travelers at Detroit Metro. Police can once again profit from taking cash without even charging someone with a crime.

Why Carrying Cash at Detroit Metro Is Risky

While it’s legal to travel domestically with any amount of cash, carrying over $10,000 in currency or monetary instruments must be properly reported to customs officials.

Failing to declare money over that threshold when leaving or entering the U.S. is one reason agents may seize cash at Detroit Metro.

Legal Standards for Cash Seizures Without Criminal Charges

But even travelers following reporting rules could have money taken.

As long as police allege the cash is tied to illegal drug activity or may be used for criminal purposes, they can initiate forfeiture proceedings.

And the legal burden of proof is much lower in civil forfeiture cases than for criminal charges.

This means cash seizures often happen without any drug charges being filed. Someone’s life savings could be taken away forever based on vague, unproven suspicions about how the money may have been used.

Detroit Metro Already a Cash Seizure Hotspot

What makes the new laws especially troubling is that Detroit Metro Airport is already a major cash seizure hub.

A 2016 USA Today investigation found that between 2006 and 2015, DEA agents seized over $7.5 million in cash from Detroit Metro. That’s just one agency taking money from one airport.

Financial Incentives Driving Seizures

With the loosened state laws, cash seizures by airport police will likely surge even higher.

Police departments have a financial incentive to aggressively pursue forfeitures, since Michigan lets law enforcement keep 100% of seized assets in drug cases.

More cash seizures mean more money for the seizing police department.

Legal Defenses Against Cash Seizure

If your cash is seized at Detroit Metro, having an experienced criminal defense lawyer on your side immediately is crucial.

Here are some legal defenses an attorney may use to protect your rights:

• Contesting the seizure – There is a short 30-day window to contest a seizure by filing a claim in federal court. An attorney can handle this quickly.
• Proving legitimate source – Showing the cash comes from legal work, investments, retirement savings, etc. and not criminal activity can defeat forfeiture.
• Proving ownership – If the seized money belongs to someone besides the traveler, an owner’s innocent rights cannot be forfeited.
• Excessive fine argument – Taking cash without a conviction and unrelated to any airport security purpose may violate the 8th Amendment.
• Procedural violations – If agents failed to follow asset seizure protocols properly, the forfeiture may be void.
• Negotiating return – In many cases, attorneys can negotiate with federal officials to get some or all seized cash returned without lengthy court battles.

Steps if Your Cash is Seized at Detroit Metro

If you have the misfortune of having your cash seized at Detroit Metropolitan Airport, here are important steps to take:

• Don’t panic – Although extremely stressful, the situation is not hopeless. Many travelers in this situation get their money back through legal help.
• Write down details – Document the date, location, names/agencies of the agents, and exactly what happened during the seizure. Details matter.
• Request receipt – Ask for a receipt documenting how much cash was seized and the reason stated.
• Contact attorney immediately – To maximize the chances of getting your cash returned, call an attorney with asset forfeiture experience right away.
• Don’t try negotiating yourself – Don’t attempt to negotiate with federal agents or prosecutors yourself. It won’t go well. Let your lawyer handle all communication.
• Be patient – These cases can take many months to resolve. But an experienced attorney increases the odds you’ll get your property back.

Finding the Right Lawyer for Cash Seizure Cases

Not all defense lawyers have expertise with civil asset forfeiture laws and airport cash seizures.

When researching attorneys, look for:

• Forfeiture experience – They should specifically mention asset forfeiture defense as an area of practice.
• Aviation law knowledge – Experience with cases involving airport police, DEA, TSA, and CBP is ideal.
• Negotiation skills – Since most cases settle before trial, hiring a lawyer who can effectively negotiate with federal officials is key.
• Resources – Look for a larger firm with the resources to take on federal agencies if needed.
• Results – Ask about their case results. Have they successfully recovered seized cash for past clients?