Can a cop take $2600 from me because he suspects me of selling drugs but only at the end of seaching my did they truck they find a piece?

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Can a cop take $2600 from me because he suspects me of selling drugs but only at the end of seaching my did they truck they find a piece?

Weed on floor no bigger then a seed. Officer took money before finding the weed.

Asked on August 22, 2012 under Criminal Law, Louisiana

Answers:

Craig Smith / Smith & John

Answered 8 years ago | Contributor

A Notice of Seizure for Forfeiture will need to be served upon you.  The government must prove that the funds were proceeds of drug transactions.  You should be given an opportunity to file a claim and explain that the money was not a result of illegal activity, if that is the case.  If the money is not returned to you a hearing will be set to determine that issue.  Depending on the particular procedure being followed, the money may be ordered returned if certain filings are not made by certain deadlines.  You definitely will need a lawyer to file the necessary paperwork for the return of the money.  The law and procedures governing forfeiture of assets are very complicated.


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