Things move fast when law enforcement agencies decide to seize and keep someone’s property. Detroit nursing student Stephanie Wilson lost her car within minutes following a traffic stop in 2019. Officers did not even give her time to retrieve her child’s car seat from the back.
The police swooped in, accused her passenger of being a petty drug offender, and left with Wilson’s car. Then the urgency stopped. Wilson requested a prompt hearing to plead for the return of her vehicle, which she needed for daily life, but all she got was a runaround for almost two years.The facts were on her side. Wilson had nothing to do with the alleged drug transaction. She does not do drugs and has never helped anyone buy, sell, or conceal drugs.
The case, Culley v. Marshall, combines two civil forfeiture proceedings from Alabama. One property owner, Halima Culley, had her vehicle seized for alleged drug crimes committed by her son. The other property owner, Lena Sutton, had her vehicle seized for alleged drug crimes committed by her roommate. Both property owners were innocent third parties, and neither received timely judicial review. They had to survive for months without their means of transportation.
"I don’t want anyone else to have to wait years and waste thousands of dollars just to get back something that never should have been taken from them in the first place," Serrano says.
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