My friend was pulled over and his car was searched. He was carrying a large amount of money. Police arrived at his home around 8 p.m and did a search. Nothing was found. He was taken to police department at 10 p.m. At 5 a.m. the next morning he was shown a warrant signed by judge at approximately 1:00 a.m., five hours after search started. He was then released with no charges filed. Later that morning he went back to claim the money found in his vehicle and was told he needs to get a lawyer. Can they do this? He showed them proof that this was his money and there were no charges filed. Nothing was found in the home or the car other than the money. Why does he need a lawyer to get his money back?
C. Logan McKechnieCriminal Defense AttorneyMerced, CA ·
The government is contending the money was obtained by a criminal enterprize. The government only has to claim that in order to confiscate the funds. In order to get the funds back, an attorney will have to file a motion for the return of seized property. Doesn't seem fair, but that's how it works.
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With no charges pending, one of three things is going on: either they're still investigating (not likely), they could be doing an asset forfeiture (also unlikely) or the police just want him to jump through the hoops (the most likely).
If they're still investigating, the money is evidence and won't be released pending the outcome of the case. If there is no case, then it's not evidence of anything, but in order to release money seized pursuant to a search, your friend will need to file a 1538.5 motion to get the money released.
If they're doing an asset forfeiture, they are claiming the money is from illegal sources. They have to notify him of a pending forfeiture and provide claim forms along with information about contesting the forfeiture of the money. Assuming he got none of that, it's not being seized for forfeiture.
Because a search warrant was involved, it's technically an order from the court to seize things and bring them to the judge. It takes a judge's order to release property. For that, he may need a lawyer.
It appears to me that they are claiming that the money is part of a criminal enterprise. Further, it is possible that there is a federal investigation that is pending. If this is true, they do not want to prosecute him until they are ready to indict everyone involved.
