Can Police Seize Your Money if You Haven’t Been Charged with a Crime? (PC 186.1)
You probably know that police officers can confiscate your property if it is used for or acquired through criminal activity under California PC 186.1. For example, if you use your vehicle as a get-away car when you rob a bank, it is safe to assume your vehicle will be confiscated by law enforcement under civil forfeiture laws. But what happens to those assets if prosecutors do not charge you with a crime?
Probable Cause and Your Assets
In February 2014, a young man named Clark was preparing to board a plane from Cincinnati to Florida when his bags were searched because local authorities believed they smelled marijuana. Though no drugs or paraphernalia were found, police officers seized the money Clark had in his luggage. Clark was never charged with a crime, but he has been unable to recover the $11,000 police confiscated.
Think it couldn’t happen to you? Federal and state civil forfeiture laws allow police officers to seize your property without having to prove that you are guilty of a crime.
Take for example a family in Philadelphia whose home was seized by police after an adult child in the home was found with $40 worth of heroin. The parents, who own the home, were unaware of their son’s possession of the drug, yet their home was forfeited because police said it was allegedly tied to criminal drug dealing. 1
Civil Forfeiture Law (Health and Safety Code Section 11000)
Did you know that you have fewer protections under civil forfeiture laws than you would under our criminal laws? Seizing assets bring California police departments significant profit and the law leaves room for abuse. Assets and property acquired by police departments through civil forfeiture can be profitized under state laws or through a federal law called “equitable sharing.” This allows state and local law enforcement agencies to collect as much as 80 percent of the value of the items. In California, 65 percent of the value of seized assets goes directly to law enforcement. The Institute for Justice considers asset forfeiture to be “one of the most serious assaults on private property rights in the nation today.” 2 In fact, between 2008 and 2015, California collected more than $380 million in asset forfeitures, more than any other state in the nation. 3
If your assets are seized, there is only a short period of time to act. Once that window is closed, your assets will be forfeited and become property of the government. You have 30 days from the date you received a notice of forfeiture to file a claim to contest the forfeiture.
Once you file the claim with the superior court in the county where you were arrested, you will have 30 days to serve the claim on the prosecutor who filed the asset forfeiture. If you fail to file your claim with the court or prosecutor within the 30-day window, your assets will be forfeited to the government.
After your claim is filed and received, the prosecution will have to prove to the court that your property was used in a crime and that you knew and allowed the property to be used to for illegal activity.
Remember, the prosecution and local enforcement stand to gain from your property. An experienced criminal defense attorney can help you regain possession of your property.
Call the Criminal Defense Attorneys at Wallin & Klarich Today
If you are facing criminal charges, contact a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 40 years of experience successfully accused of committing crimes. We will analyze the facts of your case and fight for your rights.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will get through this together.
1. [http://www.businessinsider.com/supreme-court-ruling-on-civil-forfeiture-2014-11]↩
2. [http://www.ij.org/policing-for-profit-the-abuse-of-civil-asset-forfeiture-private-property-rights]↩
3. [http://www.ocregister.com/articles/state-669923-law-forfeiture.html]↩
