What To Do If Police Improperly Seize Your Property
Having your property taken by the police can be scary and frustrating. Even if you haven’t done anything wrong, the police may sometimes seize items improperly or without good reason. Don’t panic though – there are things you can do to get your stuff back.
First Steps
If the police show up and start taking your things, stay calm. Arguing or getting angry won’t help the situation. Politely ask what law allows them to take your property and what proof they have that it was involved in a crime. Take notes on the officer’s name, badge number, and department.
You should also take pictures or video of the seizure if possible. This creates a record of what was taken. Gather any paperwork the police give you as well – this may include a property inventory, return of service paperwork, or a seizure warrant.
Get a Lawyer
Contact a lawyer as soon as you can after the incident. Only some public defenders handle asset forfeiture cases, so you may need to hire a private attorney. Look for one familiar with local laws and law enforcement agencies.
Your lawyer can send a demand letter to the agency requesting return of your property. They can also check if the seizure followed state laws, file court motions, negotiate settlements, and represent you at forfeiture hearings.
File a Claim for Your Property
Most states require you file a claim to contest improper seizure of property. Deadlines are strict, often between 10-60 days. The process varies by agency and state. Your lawyer can handle filing for you.
The claim should identify the specific items taken plus state why the seizure violated your rights. For example, police lacked probable cause for the taking. You may need to provide evidence supporting your arguments.
Request a Probable Cause Hearing
In many states, you can request a hearing where police must prove probable cause for seizing your property. This is often called a “402 hearing” after the federal code. Your lawyer files the motion to schedule it.
At the hearing, the agency has to show evidence linking your property to criminal activity. If they can’t, the judge may order police to return your items. However, some states don’t offer these hearings.
Negotiate with the Agency
Most seizure cases settle out of court. Your attorney can negotiate return of some or all items taken. Be prepared to provide records proving your ownership and legal purchase of the property.
You may also have to sign an agreement not to sue over the seizure. Talk options over with your lawyer before signing anything or paying settlement fees.
Take Your Case to Court
If police still refuse to give back your stuff, your last resort is an official forfeiture hearing. Your lawyer presents arguments and evidence for recovering your property. Expect this to take months to get a final verdict.
If you win in court, the agency should return your items. However, they may appeal or ignore the ruling. You may have to file contempt of court motions or even a lawsuit to get compliance.
What If Police Took Cash?
Getting seized cash back can be tricky since police often claim it was obtained illegally. Be prepared to show solid records of where the money came from, like pay stubs, bank statements, or tax returns.
Many states make you post a cash bond of 10% or more of the seized money to challenge the taking. Talk to your lawyer about options for reduced or waived fees if the amount is excessive.
Avoid Future Problems
Once you get your property back, take steps to prevent more seizures. Being accused of a crime, even wrongly, may flag you for future police scrutiny.
Avoid traveling with large amounts of cash. Only carry what you need for the trip. Make expensive purchases like cars and jewelry through legal channels like banks and dealerships.
If police do try to stop or question you again, politely ask if you are free to leave. Call your lawyer if detained or arrested.
Standing up to improper police seizures can seem hard, but following the law puts power on your side. With some help from a good lawyer, you can get your property returned.
Citations
Definition of Property Inventory