Illegal Search and Seizure of Cash and Personal Property

Police Cannot Just Take Your Property Without Cause

Few things feel more shocking than watching police walk away with your money, jewelry, or other belongings. Many people assume that if officers seize property, it must be legal. But that isn’t always true. Taking personal property without real justification isn’t just unfair, it can be unlawful.

Victims of illegal seizures often describe the same mix of emotions: anger, humiliation, and fear that they’ll never see their property again. The sense of helplessness is overwhelming, especially when police insist they were “just following procedure.” But procedures don’t erase constitutional rights.

At Horn Wright, LLP, our attorneys remind clients that the law is supposed to protect them from these overreaches. When officers take property without cause, there are legal ways to fight back and recover what was wrongfully seized.

How Property Seizures Often Cross Into Illegality

Property can be seized lawfully in certain situations, like when it’s evidence in a crime or contraband such as illegal drugs. But problems arise when police stretch those limits or act without valid authority.

For example, an officer might seize a large amount of cash during a traffic stop, assuming it must be tied to drug activity. Without specific evidence, that leap is unlawful. Similarly, police may hold onto valuables long after charges are dropped or never filed, essentially punishing people without a conviction.

Another issue is when officers claim property is subject to forfeiture without properly documenting it. A valid seizure requires clear procedures: receipts, inventory logs, and judicial oversight. When these steps are skipped, the seizure can cross into illegality.

New York Laws Protecting Against Civil Asset Forfeiture

New York has specific protections designed to stop property from being taken without proper justification. Under Article 13-A of the New York Civil Practice Law and Rules (CPLR), prosecutors must prove that property is linked to criminal activity before forfeiture can occur. Unlike some states, New York requires a clear connection between the property and the alleged offense.

At the federal level, the Fourth Amendment sets the baseline, requiring seizures to be reasonable and based on probable cause. The U.S. Supreme Court reinforced limits in cases like Timbs v. Indiana (2019), ruling that excessive forfeitures violate the Eighth Amendment’s prohibition against excessive fines. New York courts have applied this principle to ensure that seizures don’t become tools of abuse.

Still, misuse happens. Some agencies rely on forfeiture as a source of revenue, creating an incentive to overreach. This is why New York’s additional safeguards matter, they put the burden on the government to justify why property should be taken.

Evidence Needed to Prove Property Was Taken Unlawfully

Challenging an unlawful seizure requires evidence that the police overstepped. Lawyers start by reviewing documentation. Was a receipt issued? Does the property log match what was taken? Missing or vague paperwork can signal that procedures weren’t followed.

Discovery tools under CPLR Article 31 allow attorneys to demand inventory reports, chain-of-custody records, and even internal communications. These documents can expose whether officers treated the property as evidence or simply took it without justification.

Witness testimony is also critical. Passengers in a car, family members present during a search, or even body camera footage can confirm whether officers provided reasons for the seizure. When the justification doesn’t hold up, courts may order the property returned.

New Hampshire Provides Weaker Protections Against Property Seizures Compared to New York

State law makes a big difference. In New Hampshire, civil asset forfeiture laws have historically given police broader discretion. Officers there can often seize property with fewer procedural safeguards, making it harder for people to challenge or recover what’s taken.

New York offers stronger protections. Under CPLR Article 13-A, the government carries the burden of proof, not the individual. Courts require prosecutors to show clear evidence that the property is tied to criminal conduct. Without that proof, forfeiture isn’t allowed.

This difference underscores why local knowledge matters. In New York, defendants have more tools to challenge seizures. Skilled attorneys can use these state-specific protections to force accountability and push for the return of property.

Remedies for Returning Seized Property

When property is seized unlawfully, the most immediate remedy is seeking its return. In New York, motions can be filed in criminal court or through separate civil proceedings to demand the release of property. If the government fails to show probable cause, judges often order that belongings be returned.

Another remedy is suppression. If unlawfully seized property is being used as evidence in a criminal case, lawyers can file a suppression motion under CPL §710.20. If successful, the property can’t be introduced at trial, weakening or even collapsing the prosecution’s case.

Sometimes, negotiations with prosecutors lead to voluntary return of property, especially when it’s clear the seizure won’t survive judicial scrutiny. These remedies exist to restore balance when police power has been abused.

Seeking Compensation for Losses

Property return isn’t always enough. Victims may also pursue damages for the harm caused by an unlawful seizure. Civil claims under 42 U.S.C. §1983 allow individuals to seek compensation for violations of constitutional rights. In New York, these lawsuits can cover both the value of the property and additional damages for emotional distress or financial hardship.

For example, if cash taken unlawfully caused someone to miss rent payments or default on a loan, those financial consequences can be part of the claim. Courts also consider the humiliation and stress of having property taken without cause.

Punitive damages may apply in cases where misconduct was deliberate. These awards send a message to police departments that unlawful seizures won’t be tolerated. Seeking compensation is about more than money, it’s about accountability.

Horn Wright, LLP, Will Help You Recover What Was Taken

When police strip you of property without cause, it feels like the system is stacked against you. But the law provides remedies, and with the right team, you can fight to recover what’s yours. At Horn Wright, LLP, we challenge unlawful seizures, demand the return of property, and pursue compensation when losses go beyond the items themselves. If officers crossed the line in your case, we’ll hold them accountable and fight to restore what was wrongfully taken.