What to Do If the Police Confiscate Your Money or Property
There’s nothing more nerve-wracking than being pulled over by a police car or finding police on your porch when you open the door. Even if you have done nothing wrong and have never broken the law in your life, dealing with suspicious law enforcement officials can be incredibly stressful. You’re supposed to be innocent until proven guilty, but that’s not how police officers always act in these situations.
But this stressful situation can become a real nightmare if the police confiscate your property . Whether it’s cash you bring to the bank, a car, or other valuables you thought were safe on your person, it’s not uncommon for police to seize your property during a confrontation, even if you’re not ultimately charged with a crime . . Even worse, cops can often legally keep your property and money even if you were never charged or were later found innocent.
Confiscation of civil property
In most of these cases, the police resort to what is called civil asset forfeiture . Originally intended as a tool to deprive drug dealers and organized crime figures of their ill-gotten gains, these laws give police the power to seize money and property if they suspect they are involved in a criminal enterprise, but because it is a civil action rather than a lawsuit. criminal, the burden of proof is significantly lower. In a strange twist of law, the subject of the government’s lawsuit is the property itself, not the criminal charge against you. Thus, you can be released without charges, but your property will remain seized.
This is big business for many police departments: The Institute of Justice estimates that nearly $70 billion has been seized by police over the past few decades. Laws governing civil asset forfeiture vary widely across the country, but even when states have laws that require a conviction or limit forfeiture to value above a certain threshold, they often have too many loopholes to be truly effective. For example, New Jersey technically requires a criminal conviction for police to hold assets valued at $10,000 or less or less than $1,000 in cash. But the result is that innocent people are forced to prove their innocence in court, as opposed to the state having to prove their guilt, and the police still have a huge incentive to seize property because they can keep 100% of it if they get a conviction. .
Local police can also circumvent state laws in many cases by using a program called ” Equitable Sharing “, which transfers arrest jurisdiction to the federal government. This often leads to delays for people trying to get their money back as they have to decide where to file a claim – delays that sometimes mean they miss legal filing deadlines. Over time, the federal government will return up to 80% of the money to local police departments.
There are many horror stories of people who have had money or property confiscated by the police and have spent years trying to get it back – and even when they win, they usually don’t get it back with interest or cover their legal costs, despite the fact that they are completely innocent of any crime. That’s because federal law requires people to “substantially prevail” in court, meaning win a lawsuit, in order to receive coverage for legal fees. If it looks like you might actually win the case, local authorities will often return the original seized property to avoid this, leaving you with no interest and more legal bills for your troubles.
The Supreme Court is currently hearing a case that could change how property is confiscated in the United States, but has not yet ruled. Until this happens , the practice continues.
What to do if the police confiscated your property
So you’ve been stopped, or the police have executed a warrant at your home, and your money or valuables have been confiscated. You were not charged with a crime, but your property was not immediately returned. What can you do? Be prepared for a long fight, because until the Supreme Court (possibly) acts, the odds remain stacked against you.
But here’s what you need to do:
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Take notes. Record as much information as possible at the time of capture. Take photos and videos. Write down the names of the officers involved, along with their badge numbers and the exact time it happened. Also ask the officers how they justify the seizure – they don’t need much , and almost anything you do can be considered a sign of illegal activity, including having a large amount of cash on you in the first place.
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Get a receipt. Regardless of the circumstances of the arrest, the police are required to provide you with a receipt indicating the property and money confiscated from you. Please make sure you receive it and check its accuracy before you part ways.
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Don’t sign the waiver. The police will often encourage or pressure you to “give up” money or other property by signing a waiver stating that it is not yours and you know nothing about it, thereby denying you any right to it. People are often given a choice: spend hours being searched and interrogated, or sign a waiver and be immediately released. Don’t do this—signing a waiver like this may free you in the short term, but it will complicate your efforts to get your property back later.
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Act immediately. Once you are released, do not waste time. Contact your local county court to find out how you can file a petition for the return of your property and to determine the jurisdiction of the lien. You may consider seeking legal advice, but be aware that paying a lawyer may mean getting your money back is a Pyrrhic victory at best.