Phoenix, AZ asked in Criminal Law for Arizona

Q: My son is 17, was detained by border patrol in Az. He was not charged or arrested for anything. Car & phone seized.

How can we get his property back? Did they have the right to seize it if he was not charged w/ anything?

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1 Lawyer Answer
Brian C. Soto
Brian C. Soto
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It is not uncommon for Border Patrol to catch and release individuals they suspect are involved in criminal activity.

The agents seem to have a great deal of discretionary power in this regard.

It may be in your son’s best interest to speak to a federally licensed attorney as he may be under investigation.

As for the vehicle, the registered owner will receive a letter regarding their property rights in regards to the civil forfeiture. If the vehicle has a lean holder, the lien holder will likely take possession.

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