If you have cash seized for forfeiture by the Iowa State Patrol or another law enforcement agency during a traffic stop, then due process entitles you to certain rights.
Normally, the trooper will provide you with a Notice of Seizure for Forfeiture. This will list the date, time and location along with a description of the seized property.
You are probably thinking that the Notice tells the owner what to do to reclaim the money, right?
The forfeiture attorneys at GRL Law have yet to see a notice that provides any description of an owner’s rights.
Iowa law provides only 10 days to request a probable cause hearing, but most motorists stopped along I-35 and I-80, especially out-of-state drivers, have no idea they need to act so soon or even contact a lawyer.
This hearing is very important. The State has the burden to prove probable cause for the seizure. No PC, no seizure.
Fortunately, GRL Law can raise due process arguments that may excuse a late filing beyond 10 days under certain circumstances.
Don’t snooze on your rights to reclaim property! If the Iowa State Patrol or any other agency seized your cash, whatever the amount, then make sure your first call is to the forfeiture attorneys at GRL Law.
We know forfeiture.