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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15760
Experience:  Licensed Texas General Practice Attorney
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If a individual has money in their possession at the time of

Customer Question

If a individual has money in their possession at the time of and arrest. Can the federal or police office take or steal that individuals money?.. Is that illegal? I'm just asking?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. Yes, they can take this in certain instances. It's called "civil forfeiture", and if you want to get angry Google that. Basically it's where law enforcement individuals take assets of someone that the officials believe to be involved in some illegal activity, without due process. Here's how the ACLU defines it: "Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government." So yes, it is possible, and currently is legal. That is, the courts have not struck down this practice as violating the 4th or 5th amendments (unreasonable search & seizure, deprivation of property without due process, respectively). Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

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