Can I Get My Stuff Back if Police Seize It? 

 Posted on October 31, 2024 in Civil Rights

Asset forfeiture is a legal process that allows law enforcement to seize property connected to criminal activity. While it is meant to fight drug trafficking and other serious crimes, forfeiture often leads to police taking people’s stuff unfairly, especially if the property owner is not convicted of a crime. 

In Tennessee, asset forfeiture laws can impact people’s finances, vehicles, and other valuable assets, so understanding when forfeiture is legal and how to fight it is crucial. If your property has been seized, a top-notch Tennessee criminal defense and civil rights attorney can help you fight to reclaim it.

When Can Property Be Legally Forfeited in Tennessee?

Under Tennessee law, property can be forfeited if it is believed to be connected to criminal activity, most commonly in cases involving drug offenses. Property that may be seized includes:

• Cash suspected to be drug money

• Vehicles allegedly used to transport drugs

• Personal items believed to be purchased with money from illegal activities

However, for the state to keep this property, prosecutors must show a clear connection to the crime, and they must show by a "preponderance of the evidence" that the property was indeed involved in illegal activity. This means the connection must be "more likely than not," a lower standard than the "beyond a reasonable doubt" requirement in criminal trials.

When Is Asset Forfeiture Not Legal?

Despite the police’s authority to seize property, Tennessee law also places limits on when forfeiture is allowed. Situations where asset forfeiture may be deemed illegal or excessive include:

• No Criminal Conviction: If the owner of the seized property is not convicted of a crime, the state may not have the right to keep the property. However, property owners often still need to pursue legal action to get their belongings back.

• Lack of Evidence: If prosecutors cannot clearly link the property to a crime, the forfeiture should not stand. For example, if money or property is seized based only on being around illegal drugs, this may not meet the standard for forfeiture.

• Innocent Owner Defense: If the property’s owner had no knowledge of or involvement in the crime, Tennessee law allows the owner to raise an "innocent owner" defense, arguing they had no reason to know their property was being used in illegal activities.

What Are My Options for Getting Forfeited Property Back?

To reclaim forfeited property, you must do specific things within a certain timeframe. In Tennessee, you can file a petition for a forfeiture hearing, where you can fight the seizure and argue for the property’s return. During the hearing, you may present evidence or call witnesses to prove that your property should not have been forfeited.

Navigating this process can be challenging, and missing a filing deadline could mean losing your right to fight the seizure. Working with an attorney experienced in asset forfeiture cases is critical to meet legal requirements and present a strong case. An attorney will: 

• Review the circumstances of the seizure to see whether it was likely illegal

• Gather evidence and present a strong argument at the forfeiture hearing

• Challenge weak or unfair claims made by prosecutors

Contact a Knoxville, TN Asset Forfeiture Attorney for a Free Consultation

If your property has been taken under Tennessee’s asset forfeiture laws, a Knox County, TN criminal defense attorney at The Baker Law Firm can help you fight for its return. Call 865-200-4117 for a free consultation and get the guidance you need to protect your rights and get your stuff back.