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What Happens If The Government Wants To Seize Property But The Person Refused?
They will forcibly take it. The person could get charged with assault if they fight with the police when their property is being taken.
What Happens When Property And Assets Are Being Taken And What Is The Next Step?
The police would take it and sometimes give the person a slip for what they took, and they would then contact either the district attorney’s office or the attorney general depending on what type of police agency seized the money.
The district attorney or the attorney general will then file a civil lawsuit against the property in the courts and give the person a notice that the property had been sued. It would not be against the person whose property was taken, but against the property itself. The person who owned it would be given notice of that and they would then have to follow the rules of civil procedure to fight to get it back.
Are People Given Any Sort Of Advance Notice That This Might Happen?
No, the police are always asking people if they have cash or something illegal in their houses or cars. The police generally take cash as soon as the person said they had it. After taking it, they will start asking the person where they were coming from, where they were going, who they are and how they got the cash. The police will ask a lot of questions, and if any of the answers to those questions sounds wrong to them, they will just keep it.
Sometimes they might call in a drug dog to sniff it the cash and then keep the money if the dog barked. It isn’t hard to get the dog to bark. Once it is taken it will be a fight to get it back.
Would The Government Have Access To Anything Not Directly Under The Person’s Name?
The police and the government are able to seize any property or cash they believed was related to a crime whether or not the person themselves owned it.
What Are The Deadlines Or Timelines For Challenging Civil Asset Forfeiture In Pennsylvania?
After a complaint had been filed against the property, the person would sometimes have no more than 20 days to respond to the civil complaint against the property, or else they would lose their property automatically.
Can The Police Test Assets Seized To Determine Whether Or Not They Were Related To Drug Dealing Or Other Crimes?
Yes, they could. They could employ the ion scan test and the dog sniff test, which are the two primary scientific tests they would use on cash and property that was seized. Both of those tests are very questionable scientifically, and they can be challenged if an attorney knows what he is doing.
Can The Police Issue Subpoenas To Banks For Personal Banking Records If Cash Or Money Is Seized?
Absolutely, they could do that in the civil process, which is why it would always be a good idea for the person to keep track of their money and where it came from.
Should An Individual Always Remain Silent When Questioned By Police About The Source Of Cash Or Other Assets That Are Seized?
Yes. The person would not have to tell the police officer anything. If someone was driving down the road and got pulled over, and the police found out or the person themselves told the police that had a larger amount of cash, the police would start asking the person about it and the only thing the person should say at that time is, “That’s my money, I earned it legitimately. Give it back to me.”
The person should not say anything else and they should never try to explain anything, because if they started explaining, the police will exploit what they said and they would often use it against them, especially keeping in mind the fact that the police knew they were in a high pressure situation and people do not always think about what they say. Being silent and saying nothing other than “That’s my money, I earned it legitimately,” is the only thing you should say.
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