Forfeiture of Contraband, Part I
Suppose police execute a search warrant of your home, and find $3,500 cash tucked away in a dresser, along with a scale and individually bagged quantities of methamphetamine. Police seize the scale, the meth, and—to your surprise—the $3,500.
Or, suppose you are driving along in your new truck, and are pulled over. Police find several pounds of marijuana hidden throughout the truck. The pot is seized, your truck is towed, and you are arrested.
A few days later, a notice is served on you that says the State wants to keep the cash or your truck that has been seized, and wants the property to be forfeited to the State. Goodbye new truck, goodbye $3,500 cash.
Seizure v. Forfeiture
It is important at the outset to differentiate “seizure” of property, and “forfeiture” of property. “Seizure” is, simply put, taking the property. This property is generally labeled by police as either “evidence” or as “releasable” property. Property that is not contraband can be returned at the conclusion of a case.
“Forfeiture” applies to contraband (see below), and refers to the State keeping the property that it seized. Forfeited contraband is often evidence as well, but because of its status as contraband, the property is not returned. If police seize a backpack and misdemeanor amount of pot from the accused, the backpack may be returned upon conclusion of the case, but the pot (obviously) is not returned because it is contraband.
When Cops Can Seize the Property
Police are authorized to seize contraband in a number of situations. Specific to drug arrests, police may seize “property of any nature that is used in the commission of…any felony under Chapter 483 of the Health and Safety Code [dealing with dangerous/Rx drugs]; a felony under 481 of the Health and Safety Code [dealing with controlled substance]; or property that is, or is acquired with, the proceeds of [drug sales].” Texas Code of Criminal Procedure Chapter 59 deals exclusively (and exhaustively) with forfeiture of contraband. This can include not only the drugs, but also laptops, ledgers, cash, scales, baggies, cellphones, and “property of any nature” used in the drug trade.
So now you know when cops may seize your property during a drug arrest. But, when can you get your cellphone, laptop, and cash back?