The Iowa Highway Patrol
pulled me over, took my money, but never charged me with a crime! What can I
do?
Law enforcement is becoming
increasingly aggressive in pursuing forfeiture of cash seized in traffic stops
along Iowa’s interstate system. According to law enforcement Interstate 80 and
Interstate 35 are pipelines for drug trafficking between the cities like
Chicago, Minneapolis, Kansas City, Omaha, and “source” states such as Arizona,
California, Texas and Washington.
Consequently the Iowa State Patrol and local law enforcement agencies,
especially Poweshiek County, Dallas County and Pottawattamie County, are focusing
“interdiction” efforts on Iowa’s interstates.
One purpose of Iowa’s
interdiction efforts is to make “drug busts,” in which they seize large
quantities of marijuana, cocaine, methamphetamine or other illegal drugs and
consequently charge the individual’s in the vehicles with narcotic trafficking offenses. The other purpose is to discover, seize and
attempt to forfeit cash that is being transported in vehicles that they believe
is connected with narcotics trafficking and drug sales. Law enforcement is known to seize large
quantities of cash even when no evidence of drug dealing is available or is
discovered. Sometimes they will simply
ask the individuals in the vehicle to sign paperwork saying that the cash is
not theirs and when no one claims it within the specified time period, the
money is automatically forfeited. Other
times, when the cash is claimed, they serve forfeiture paperwork just based
upon their belief that all large quantities of cash must be the result of a
drug deal despite the fact that it is completely legal to carry cash.
This begs the question: What is actually required to forfeit cash seized by law enforcement?
The Iowa Code defines
property that is subject to forfeiture as follows:
1.
All controlled substances that are
manufactured, distributed, dispensed, possessed or acquired in violation of
Iowa law;
2.
All property
that is either:
a.
Exchanged in a transaction
that constitutes conduct giving rise to forfeiture;
b.
Used or
intended to be used to facilitate conduct giving rise to forfeiture.
3.
Proceeds of any conduct giving rise to
forfeiture;
4.
Weapons used to
facilitate conduct giving rise to forfeiture.
“Conduct giving rise to
forfeiture” is any “public offense” (criminal act) which is a serious
misdemeanor, aggravated misdemeanor, or felony.
This includes, among other things, possession of controlled substances
and related offenses as well.
Under Iowa law, a
presumption of forfeiture arises if the State can prove any of the following;
1.
The claimant has engaged in conduct giving
rise to forfeiture;
2.
The property
was acquired by the person during the period of the conduct giving rise to
forfeiture or within a reasonable time after that period; or
3.
No likely
source for acquisition of the property exists other than the conduct giving
rise to forfeiture.
If any of those three
factors are proven, the burden then shifts to the claimant to prove that the seized
cash or other property was not involved in illegal activity and is not subject to forfeiture. A claimant can also assert an innocent owner
defense if they had no knowledge that any of the seized property was involved
in criminal activity. Also, if evidence
is illegally obtained or the money is illegally seized, an additional defense
to its forfeiture can be asserted.
It is important to understand that in every forfeiture action, there are strictly enforced time deadlines within which to file
answers to seizure notices and to assert affirmative defenses to a forfeiture
action. If one is to succeed in
defending the State’s attempt to take their cash or property, immediate action
is necessary.
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