In order for an officer in Jackson County, FL to take possession of an individual’s property such as their money or other valuables, whether it is during a routine traffic stop or another type of encounter, the Florida Contraband Forfeiture Act (FCFA) requires that they must have probable cause to do so. According to the FCFA, probable cause is recognized as having “sufficient reasoning based upon known facts to believe a crime has been committed or that certain property is connected with a crime.” Officers of the law must also have probable cause to make an arrest without a warrant as well as search a home or vehicle without a warrant.
When can an officer confiscate my money?
Under the FCFA, an officer, given they have probable cause to do so, can take a civilian’s money when it is:
- Intended to be used in the violation of the gambling laws of the state.
- “Has been, was attempted to be, or is actually employed as an instrumentality in the commission of, or in aiding or abetting the commission of, any felony.”
- In the possession of someone “who takes aquaculture products in violation of F.S. 812.014(2)(c).”
- Is being used to carry out a crime or has a connection to a crime.
Do all officers who confiscate property from civilians have probable cause to do so?
The truth is, although police are required to have probable cause to stop a person, search them, and seize their property, many will find loopholes in the law or outright disobey them just so that they can take possession of a person’s items. In fact, some officers go above and beyond their rights and power just so they are able to take what doesn’t belong to them. Sometimes, this includes an officer applying excessive force which may not only embarrass and humiliate an innocent civilian but also leave them injured.
If a police officer in Jackson County, FL violated your rights during a traffic stop or another encounter and they seized your property, don’t wait to contact a police brutality lawyer. Not only will a skilled attorney help you fight back against the mistreatment, but they can also help you regain possession of the property the officer illegally took from you.
Why else should I consider hiring a police brutality lawyer if my property was illegally taken from me?
When a police officer violates the rights of an individual, takes their property, and/or engages in other harmful acts that hurt or injure a person, they should be held accountable for their behavior. The truth is, it is essential for a victim who has had their property seized by an officer to contact a police misconduct attorney right away as the officer isn’t obligated to give back the property they took. And if an arrest wasn’t made, there is no record of the incident or proof that shows you had any contact with the officer.
Therefore, if you want to increase your chances of recognizing an officer for the mistreatment they have inflicted upon you and regaining possession of your property, you will need an aggressive and dedicated Jackson County, FL police brutality lawyer who is willing to defend your rights and fight for justice. USAttorneys.com works with some of the best lawyers in Jackson County, FL who have helped others just like you fight back against police misconduct and we can get you connected with a legal professional in your area now.