Tag: Forfeiture

GRL Secures Return of $7K in Cash Seized During Traffic Stop

The seized property attorneys at GRL pulled a rabbit out of the hat once again in winning the release of $7,000 seized during a traffic stop in Bremer County on Highway 63. The Iowa State Trooper admitted during a suppression hearing that he believed the seized cash was the illegal proceeds of drug activity.  In other words, the trooper believed that the cash was forfeitable. Under those circumstances, the State must initiate judicial proceedings within 90 days of the seizure, but that didn’t happen here.  Any failure to initiate forfeiture proceedings within that time frame deprives the district court of […]

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Due Process Rights in Property Seized for Forfeiture

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? Not exactly. The forfeiture attorneys at GRL Law have yet to see a notice that provides any description of an owner’s rights. Iowa law […]

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GRL Law Prevents Forfeiture of $1,000 Seized During Traffic Stop

If you are carrying large amounts of cash during a traffic stop, then chances are police will seize it and make you fight to get it back. This happened recently to a driver we represent.  Police stopped him for speeding and seized nearly $1,000 from his glove compartment. We were able to secure its return when the state failed to take action to forfeit the property. You can do that? That’s right! If the police intend to forfeit property as criminal proceeds when seized, then the State can’t hold onto it indefinitely.  It must act timely. GRL Law demonstrated the […]

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Property Seized for Forfeiture? Take Action Immediately

Police and prosecutors use forfeiture laws to take ownership of property that is allegedly related to criminal activity.    The police needn’t even arrest the owner to take advantage of Iowa’s civil forfeiture laws.  More often than not, criminal charges are never filed by police.  They simply seize property (mainly cash) during any traffic stop, make a colorable claim of criminal conduct and see if the owner challenges the legal process. When the owner instead abandons the property, the police and prosecutors keep the proceeds.  It can amount to millions each year. A great way to address budget shortfalls, right?  […]

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Seizure Notices from Customs and Border Protection

If you order a controlled substance from an overseas pharmacy without a valid prescription, then you risk having the package intercepted by U.S. Customs and Border Protection. The Code of Federal Regulations, particularly 21 C.F.R. sections 1312.11 and 1312.12, prohibits the importation of controlled substances without the express authorization of the DEA.  The unauthorized importation is subject to seizure and forfeiture under 19 U.S.C. section 1595a(c)(1)(B). You may simply receive a compliance notice in the mail that allows you to abandon the package and waive any claim for its return if it appears the amount is for personal use.  If […]

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