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?
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.
2 users found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
