Recovering Seized Property
Imagine this scenario: you and a buddy are hanging out in your apartment after school. On your coffee table lays $600 in cash you recently received from cashing a paycheck but did not deposit because the next morning you are meeting a guy (who hopefully isn't a serial killer or scam artist) to purchase a used motorcycle that you saw on Craigslist. Suddenly the police knock on the door, arrest your buddy, kick around your apartment for a few minutes, take your cash from the table despite your protests and apparent innocence, and then they leave. Can you get your cash back? How do you go about it?
The simple answer is that yes you can get your cash back in most cases although it will likely cause you a considerable hassle. To put it simply, when, or shortly after, your cash is seized, you will receive a forfeiture warrant that basically notifies you that the authorities have taken your property and intend to keep it unless you file a claim and request a hearing in order to get it back. This means that even if your buddy is found not guilty and you had nothing to do with any criminal activity, they will most likely keep your cash anyway unless you take great pains to make them return it.
Tennesseans often lose their seized property because they do not understand the forfeiture process or are simply too overwhelmed to file a claim and attend a hearing to try to get it returned. While probable cause justifies a search and seizure of property that may be criminally-derived or involved in criminal activity, more is needed to justify the actual taking of your property by the state or local government responsible for the seizure. If your property has been seized, contact a knowledgeable criminal defense attorney to discuss how you can get it back.
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