Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

2 Lawyer Answers
James L. Arrasmith
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A: If a police officer pulls you over and suspects that your car was bought with money from illegal drug activity, they might attempt to seize the vehicle under civil asset forfeiture laws. These laws allow law enforcement to take property they believe is connected to criminal activity, even without a criminal conviction.

However, the process isn't straightforward. The authorities must prove in court that the car was indeed purchased with drug money, and you have the right to challenge this in court. You should be aware that it's your right to contest the seizure and demand evidence of the claim.

It's crucial to stay calm and polite during the encounter and consult with a legal professional afterward if your vehicle is seized. Protecting your rights is important, and there are steps you can take to fight back if you're facing an unjust forfeiture.

Charles Candiano agrees with this answer

A: The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines there is sufficient evidence, they must bring a legal proceeding in Re (car, paraphernalia, etc.). If the prosecutor is successful in that proceeding, ownership transfers from you to the government. Typically, this property is sold at auction and the money used for law enforcement.

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