How does seizure work? What I mean is, what can be seized?

Asked about 1 year ago - Los Angeles, CA

If you commit a crime, are arrested and it is speculated that you bought your cars, home, etc with illegally gained money the police can take everything? Do they have to have a warrant? If so, does the warrant have to include a list of everything that they'll be taking? If a husband is arrested and the wife buys a car after the seizure takes place, can that car be taken as well? Thanks for taking the time to read my question. :)

Attorney answers (6)

  1. Brian Russell Michaels

    Pro

    Contributor Level 16

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . I think you mixing up a couple legal issues. The first is what are the grounds something can be seized as evidence for a crime. In most cases a search warrant is required to go through homes and cars. Anything that is potential evidence can be seized for trial. Then there is the issue of forfeiture which deals with seizing property permanently because the property was used to commit the crime. The issue of title is certainly relevant to that concept. I think you would get more information by sitting down and explaning the whole picture to an attorney. We do free consults if that is something you want to do. Any time.

    Brian Michaels
    Los Angeles Criminal Defense Attorney
    www.socalcrimdefense.com
    3109919179

  2. John M. Kaman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . The answer is not as complicated as my colleague suggests. The answer is "anything" acquired through the use of contraband.

  3. Stephen Amory Meister

    Contributor Level 11

    4

    Lawyers agree

    1

    Answered . You are talking about asset seizure and forfeiture, a very complex set of laws that are sometimes used tyrannically by the government against citizens. You need to hire an attorney to help you. State forfeiture laws vary widely and they also vary from the federal asset forfeiture laws. Hire counsel and be very careful.

  4. Nicholas Milan Loncar

    Contributor Level 18

    4

    Lawyers agree

    1

    Answered . Consult with an attorney privately to better understand your options.

    Best,

    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com
    Sunset Law Building | 1295 W Sunset Blvd
    Los Angeles, CA | 90026

  5. Christopher Coppola

    Contributor Level 12

    5

    Lawyers agree

    1

    Answered . You have asked many questions. Far too many to answer on this forum as it appears that you need to consult with an attorney. I would say, that the State or Federal authorities can seize property if there is evidence suggesting that the property was connected to illegal activity / purchased and connected to a crime. There are situations where a warrant is necessary and where a warrant is not necessary. For example, a car can be searched without a warrant if someone is under arrest and they need to impound the vehicle. The police are allowed to do an inventory of the property within the vehicle and are allowed to search for purposes of the impound / inventory.

    If a car is purchased as suggested above, it can be seized if the police believe it is part of the crime or the money used was part of the criminal or illegal activity.

    I would suggest you consult with an experienced criminal defense attorney. Good luck.

  6. Brian K Wanerman

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . The police can seize anything that might be evidence in a crime as long as they do so "reasonably." What constitutes a reasonable seizure is a complex discussion that you should have with your attorney.

    The authorities can institute forfeiture proceedings against any property they believe was used to perpetrate a crime. These are civil proceedings and can get very complicated. As other attorneys on this thread have indicated, you need to talk to a lawyer about this.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more

Related Topics

Search warrant and criminal charges

A search warrant is a court order that allows law enforcement to enter a specific named location, potentially by force, and search for evidence of a crime.

Christopher Daniel Leroi

Warrantless Arrests

Many people think that law enforcement MUST have an arrest warrant in order to be able to arrest an individual for a crime. However, there are various exceptions to that general rule.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

19,890 answers this week

2,573 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

19,890 answers this week

2,573 attorneys answering