Q: : Can money and gun be seized if raid officers found fifth degree drug. The drug found was no where by the guns or money
A: Can they do that? Sure. Will the forfeiture hold up in court? That's a much different question and there isn't nearly enough information in this post to intelligently answer. This individual is presumably charged with a crime and their money and firearm have been seized. They will need to retain an attorney. A public defender can handle the criminal matter, but will not be able to handle the forfeiture.
A: Anything that has already happened, can happen. But will a police action survive court scrutiny? That is the challenge accepted by a criminal defendant's lawyer. To meet that challenge, however, the lawyer will need as much information and specific facts as can be obtained. Getting pretrial discovery from the state will be a significant step in that direction. If not already represented, get a good criminal lawyer working for the defendant. Then work on a win.
A: There is not enough information to answer your question fully. If the items were seized pursuant to a warrant, then perhaps they could be admissible. But it would depend on what the scope of the warrant, the "totality of circumstances," whether you had a reasonable expectation of privacy in the areas where the gun/money were discovered, or whether the gun and money were found in "plain view." A lot of officers abuse the plain view doctrine and invoke it just to introduce evidence that was seized illegally to bolster their case. If the objects were seized in violation of your Fourth Amendment rights, a good lawyer should be able to make a case that the evidence should be suppressed. I am sorry I am not able to offer more insight. Best of luck to you.
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