When police raid a building (after obtaining a proper warrant of course) they will usually take items related to potential criminal charges.  For a crime like drug trafficking, this usually means taking items that are taken when they are “incident to arrest,” by search warrant, consent or with a seizure order.  The items that are usually seized include things like “drug money,” vehicles, real estate, firearms, drug paraphernalia, and other property.

When Can Police Seize My Assets?

There are generally 4 times when the police can seize a person’s personal property.  This includes when items are seized “incident to arrest,” by search warrant, consent or with a seizure order.  Incident to arrest means that the police, while searching you for potentially committing a crime, find certain items (for example a crack pipe in your pocket). Those items, so long as the search was justified, can be seized and later used against you.  A search warrant is a court order issued by a judge or Supreme Court Official that allows the police to conduct a search of a person or property (like a house) in order to find evidence of a crime and to confiscate evidence.  However, in order to be granted a search warrant, the police must show that there is “probable cause.” Probable cause means that there is “a reasonable belief that a person has committed a crime.”  However, there is 1 exception to this rule, it is called the “hot pursuit” rule in which if a police officer is in “hot pursuit” of a suspected criminal.  If a person consents to giving an item to the police, there generally is not an issue, unless the person feels that they are coerced into giving the item over to the police.  Finally, if there is a seizure order, then a person must give up possession of their item.

What Happens After An Item Is Seized?

Generally, an item is seized because it may be used as a piece of evidence against the potential criminal.  These items are usually catalogues and kept in a secure storage location.  Each item usually has a log of who had the item and when in order to create a “chain of evidence” (meaning a person did not interfere or change out the item).  However, after a criminal investigation, most items are returned to the person, unless they fall into the War On Drugs Asset Forfeiture laws.   This allows the police and/or government to hold onto items/property/real estate if the owner is engaged in illegal activities (like they used their car to transport cocaine).  The items that are not returned are usually put up for auction to the highest bidder.  The money made from the auction goes to the police, local government, and a drug-enforcement fund (used to support the drug enforcement teams). 

What do you think, should the government be able to sell your assets?  Even if they are used in illegal behavior?  Should someone else besides the police get the money from an auction?

  • http://lawinfo Carol;yn Bell

    I would like to know when vehicles, boat,or campers that would be auctioned off. How do I find out about this?

  • http://lawinfo Carol;yn Bell

    I would be interested in vehicles that are being auctioned off.

  • Sonny Kalabum

    Accountability for what was seized and who’s hands those proceeds falls into seems a shadowy trail. The DEA is the only agency that can literally take everything you have even if charges are dropped against you. So, where does all that property &/or cash go? All those drugs? Who really believes it’s all ‘destroyed’? You dont ‘destroy’ houses & cars & boats so who really gets these things? Where is the proof all this is handled in a way that complies with public trust in our judicial system. (hint: the truth would shock people, if they can be shocked any more by our government’s inexcusable looting of America

  • pegatil

    I believe any law enforcement officer involved in drug busts do what they do because of the limitless opportunities to make outrageous amounts of money by seizing the possessions of others. They are criminals with badges when they seize a determined amount of cash where they skim 20-25% off the top for themselves and report the remaining cash. The homes, vehicles, boats, jewelry they seize are then sold at auction to their group of friends, family, etc. and everyone profits while the people they seized the property from go to jail. Who is kidding who here? The war on drugs, which is a complete failure, has been costing the taxpayers billions of dollars since it began back in the 70′s. The taxpayers also foot the bill for the prison term of the individuals charged. The only people who win are law enforcement. The funds for the failed “war on drugs” continue to flow to police depts. across the U.S. keeping officers employed and the property seized continues to feed the offshore bank accounts of DEA agents and other law enforcement agencies involved. There is a huge conflict of interest here. Wake up America because we the people are the biggest losers here. We don’t see any of the money taken in these raids and we dish out all the money that makes them possible along with the money dished out for prison. WHAT A CORRUPT SYSTEM.

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