Getting Your Seized Property Back: Defense Strategies

Having your property seized by law enforcement can be a scary and frustrating experience. However, there are legal defenses and strategies you can use to get your property back. This article will explain the civil asset forfeiture process, strategies for challenging a seizure, and tips for building your case.

Understanding Civil Asset Forfeiture

Civil asset forfeiture allows law enforcement to seize property, like cash, cars, or homes, that they suspect is connected to criminal activity. The key is that they can take your stuff even if you haven’t been convicted or sometimes even charged with a crime!

Police and prosecutors just need to show there is a preponderence of evidence, meaning it’s more likely than not, that the property was used for or obtained through illegal means. The standard of proof is much lower than proving someone guilty “beyond a reasonable doubt.”

So how do the police decide what to seize? They look for red flags like:

• Large amounts of cash
• Cars with hidden compartments
• Homes purchased with cash from unknown sources

Or they might seize property just because it’s valuable, like jewelry or electronics, and they want it for their departments. Pretty crazy right!

Challenging the Seizure

Don’t panic if your property gets seized! There are legal defenses you can use to get it back:

File a Claim

The first step is to file a claim demanding that law enforcement return your property. This starts the court process where you can fight the seizure.

Deadlines are usually pretty short, like 20-60 days, so don’t delay! If you miss the deadline, the police can keep your property without a hearing.

Prove Your Innocence

To win your property back, you need to prove you did nothing wrong. Some strategies include:

• Showing proof of legitimate income and business activities
• Proving you weren’t aware of any criminal use of the property
• Arguing there is no real evidence you committed a crime

If you succeed, the court should dismiss the forfeiture case and order your property returned.

Argue Unfair Treatment

You may also argue the seizure violated your Constitutional rights, such as:

• The Fourth Amendment – protection against unreasonable search and seizure
• The Fifth Amendment – protection against self-incrimination and double jeopardy
• The Fourteenth Amendment – right to due process

If the court agrees, any evidence from an illegal seizure could be inadmissible and result in the case being dismissed.

Building Your Case

Here are some tips for gathering evidence and making legal arguments to support your defense:

• Get statements from witnesses supporting your innocence
• Present records showing the property’s lawful origins
• Argue the evidence is weak or circumstantial
• Challenge any procedural errors by law enforcement
• Highlight personal hardships from losing property

Having an experienced attorney argue these points will greatly help your chances. Police and prosecutors have a huge advantage otherwise.

Alternatives to Full Litigation

Challenging a seizure in court can be lengthy and expensive. Some alternatives include:

• Settlements – Negotiate to get some of your property back
• Waiting – If not charged, police must return property after statute of limitations expires
• Petitioning – Ask prosecutors to drop case and return property as matter of discretion

While not ideal, these options may allow you to recover at least some of your property sooner.

Avoiding Seizures in the First Place

Here are some tips to lower your risk of civil asset forfeiture:

• Avoid carrying large amounts of cash – use checks or electronic payments instead
• Make sure vehicles don’t have hidden compartments
• Be able to document legitimate origins of high-value property
• Cooperate fully if questioned but don’t consent to searches

And know your rights! Refusing to consent to a search doesn’t imply guilt. But it does force the police to come back with a warrant or probable cause.

Civil asset forfeiture is controversial for good reason. But staying calm and fighting back within the legal system can help you recover your property.

With persistence and a good defense, you have a solid chance of getting your seized assets back where they belong – in your hands.

References

ACLU Asset Forfeiture Abuse – https://www.aclu.org/issues/criminal-law-reform/reforming-police/asset-forfeiture-abuse

Nolo Civil Asset Forfeiture Challenges – https://www.nolo.com/legal-encyclopedia/fighting-civil-asset-forfeiture-criminal-charges.html

HG Legal Resources Asset Forfeiture – https://www.hg.org/legal-articles/asset-forfeiture-can-the-government-take-your-property-without-charging-you-with-a-crime-31737