Despite modest reforms approved in October 2015 that raised the standard of proof required to forfeit property, Michigan’s laws still earn a D-, largely because the state’s large profit incentive remains intact. The standard of proof in forfeiture cases is now clear and convincing evidence—higher than preponderance of the evidence but still far from the gold standard of proof beyond a reasonable doubt. For seizures where drug activity is alleged—as it is for most seizures—innocent owners bear the initial burden of proving their innocence or ignorance of the activity to recover seized property. But in innocent owner claims where no drug activity is alleged, the government bears the burden of proof. Finally, Michigan law enforcement agencies may retain up to 100 percent of forfeiture proceeds.

Law enforcement agencies in the state must file annual forfeiture reports with the Michigan State Police, which then compiles and submits them to the state Legislature. In October 2015, the reporting requirements were strengthened to include forfeitures under more statutes. The improvements also included more detailed agency reporting requirements, such as whether someone was charged with a crime and the alleged violation that led to the seizure. Starting July 1, 2017, the State Police will be required to publish the aggregate reports online; part of the 2015 reform package, this statutory requirement codifies current practice. The reports provide some transparency, but they could be improved by including details about forfeiture expenditures. Between 2001 and 2013, Michigan law enforcement agencies reported more than $244 million in gross forfeiture proceeds—an average of almost $19 million per calendar year.