Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

A: It was probably a lawful Forfeiture, as long as a Forfeiture Warrant is issued. DOS will then be involved on the car. If the car is being investigated as a criminal tool, then it is only the Court system involved, and you might get it back upon motion to the Court handling the charges.

A: The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property, including vehicles, if they suspect it was used to commit a crime or if it was obtained through illegal activities.

However, there are some important considerations:

1. Probable cause: Police must have probable cause to believe that the vehicle was used to facilitate drug-related activities or that it was purchased with proceeds from illegal activities.

2. Innocent owner defense: In some jurisdictions, if the owner of the vehicle was not aware of or involved in the illegal activity, they may be able to challenge the seizure and recover their property.

3. Proportionality: The seizure should be proportional to the crime committed. Seizing a vehicle for a small amount of drugs may be considered excessive.

4. Due process: The owner of the seized property has the right to contest the seizure in court.

It's important to note that civil asset forfeiture laws vary by state and have faced criticism for potential abuse. Some states have reformed their laws to provide greater protection for property owners.

In the given scenario, the fact that the driver did not own the vehicle and was not in possession of the drugs may provide a basis for challenging the seizure. However, the specific outcome would depend on the laws of the jurisdiction and the particular facts of the case.