Court: Authorities Must Return $167,000 in Seized Cash
In a May 8 ruling, a Polk County District Court judge ruled authorities must return over $167,000 unlawfully taken from our client whom officers wrongfully suspected of identity theft. Our client was stopped, seized and his vehicle searched all because the police mistakenly believed he was involved in an identity theft case. During the search, the police found the chash and other items which resulted in criminal charges.
The State, attempting to keep the money, filed a forfeiture action in the Iowa District Court. However, the cash was returned after the State failed to file a notice of pending forfeiture as required under Iowa Code Section 809A.8. Iowa Code Chapters 809 and 809A require the State follow a stringent forfeiture procedure before permanently taking property from private citizens. Seized property and cash must be returned if the State fails to comply.
Criminal Charges Dismissed
As noted, our client faced several criminal charges as well. Dean Stowers successfully argued that the police searched our client’s vehicle in violation of his Fourth Amendment rights. Thus, even if the State had followed the proper forfeiture procedure, the cash was illegally seized and had to be returned.
Iowa Forfeiture Attorneys
Millions of dollars are seized every year from law-abiding citizens. State and Federal law enforcement agencies make billions of dollars each year stealing cash and property from private citizens. The attorneys at Stowers and Sarcone are well versed in Iowa forfeiture law and are dedicated to relentlessly seeking the return of your unjustly and illegally seized property. Don’t let the government illegally profit off you! Contact us today at 515-224-7446.