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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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Somebody's truck was illegally searched by police they found

Customer Question

somebody's truck was illegally searched by police they found drugs in the vehicle but never seen anybody in it know they don't want to release it how long can they hold it
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

Many times, if the police have found drugs in a vehicle, and it is a small amount, they will investigate, and if it is clear the drugs did not belong to the owner (such as in a situation where a child has borrowed a parent's vehicle), they will release it to the owner without criminal charge.

If the police found illegal drugs in the vehicle, but no one occupied the vehicle at the time it was searched, they may attempt to pin the drugs on the owner of the vehicle. If the evidence points to the owner, the police may charge the owner and may hold the vehicle for the duration of the proceedings against that person.

Even if the owner is not criminally liable, the police may also not charge the owner, but instead attempt to proceed with a civil asset forfeiture -- arguing that the vehicle was the instrument of the crime. The vehicle would be in essence taken by the police and sold at an auction.

Thank you for your question.

Expert:  Peter Griesch replied 1 year ago.

Please remember to rate my response. Just Answer only pays its experts if the customer rates the response. Thank you.

Expert:  Peter Griesch replied 1 year ago.

Just a reminder to please rate my response. Thank you.

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