Thornton, CO asked in Criminal Law and Federal Crimes for Colorado

Q: I purchased Mimosa Hostilis root bark and it was seized by the US Department of Homeland Security under 19CFR145.59

My Q's are as follows: Should I expect legal trouble (and start hiring a lawyer) as it is my understanding this is NOT and illegal substance. Is this grounds for a Judges to issue a warrant for the search of my home?

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1 Lawyer Answer
Sean Maye
Sean Maye
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: If USDHS seized the substances because the substances are, as the cited statute states one of for which "importation is prohibited, or import of which in any manner is contrary to law," then you can very likely "expect legal trouble." Evidence of this type of crime also provides probable cause for belief of further import/export of illegal substances, so there is definitely a possibility of a further search warrant.

You should consult with and/or hire a private a criminal defense attorney asap. If you are in fact arrested, detained and/or interrogated, you will want to invoke your right to your already-retained lawyer immediately upon your arrest.

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