Police took my money

[mrkevinolson]

What is the name of your state (only U.S. law)? Washington state
cops had a search warnt came into my hose took my money nothing else and I want it back how can i get it back?

 

[quincy]

What is the name of your state (only U.S. law)? Washington state
cops had a search warnt came into my hose took my money nothing else and I want it back how can i get it back?

What was the search warrant for? Why did the police take your money?

 

[CdwJava]

If the police seized your cash pursuant to a search warrant, you will have to ask the court to release it.

But, you may want to be more concerned with WHY they have it. Clearly, they believe it is the ill gotten booty of some criminal enterprise. You may want to consult an attorney ho can best advise you on how to proceed.

 

[HighwayMan]

If you were the subject of a search warrant and had property, i.e. US currency, seized then you'd better get yourself an attorney.

 

[Silverplum]

Sometimes I see a sort-of-outlandish question and figure it's a would-be novelist, but not this time.

 

[LdiJ]

Just to play the devil's advocate for a moment, and I will use a famous case that everyone is familiar with as my example.

Jared Fogel was suspected of child porn and more and the police had a warrant to search his house. Lets pretend that instead of being a rich guy he was a paycheck to paycheck guy, and had his rent money, in cash, in his home. His wife and children were totally innocent and in no way even remotely suspected of committing any crimes, but the police took the rent money, eventually causing his wife and children to be evicted from their home.

Would that have been acceptable behavior by the cops or would that have been unfair to the innocent spouse and children?

Or another example. Lets say your adult son, who does not live with you does something wrong. The police cannot find him and they know you are his parents so they get a warrant to search your home to make sure that he is not there. If they find cash there and they take it, is that right?

 

[CdwJava]

Just to play the devil's advocate for a moment, and I will use a famous case that everyone is familiar with as my example.

Jared Fogel was suspected of child porn and more and the police had a warrant to search his house. Lets pretend that instead of being a rich guy he was a paycheck to paycheck guy, and had his rent money, in cash, in his home. His wife and children were totally innocent and in no way even remotely suspected of committing any crimes, but the police took the rent money, eventually causing his wife and children to be evicted from their home.

Would that have been acceptable behavior by the cops or would that have been unfair to the innocent spouse and children?

If the warrant specified the seizure of cash, then the fault would be that of Jared whose actions apparently caused the situation Further, the officers who seized the money may have no choice if that is what the order commanded them to seize. It is not the place of the officers to contradict the court's order.

Or another example. Lets say your adult son, who does not live with you does something wrong. The police cannot find him and they know you are his parents so they get a warrant to search your home to make sure that he is not there. If they find cash there and they take it, is that right?

Since I cannot see how searching for a wanted fugitive would also justify seizing loose cash, I'd have to assume that the warrant did not indicate the seizure of cash and thus someone stole the money. So, unless the warrant somehow specified seizing money, it would NOT be right ... or lawful.

 

[LdiJ]

If the warrant specified the seizure of cash, then the fault would be that of Jared whose actions apparently caused the situation Further, the officers who seized the money may have no choice if that is what the order commanded them to seize. It is not the place of the officers to contradict the court's order.


Since I cannot see how searching for a wanted fugitive would also justify seizing loose cash, I'd have to assume that the warrant did not indicate the seizure of cash and thus someone stole the money. So, unless the warrant somehow specified seizing money, it would NOT be right ... or lawful.

Okay, so what should someone do if the situation is similar to my latter example?

 

[Zigner]

Okay, so what should someone do if the situation is similar to my latter example?

The answer is the same...if the warrant (ie: court order) requires the seizure of the cash, then it's legal. If not, then it's not.

 

[LdiJ]

The answer is the same...if the warrant (ie: court order) requires the seizure of the cash, then it's legal. If not, then it's not.

That doesn't answer mine or the OP's question. What should the OP do if the seizure was not legal, or was potentially not legal? I do not think that anyone has answered that question. I do not know the answer myself.

 

[CdwJava]

That doesn't answer mine or the OP's question. What should the OP do if the seizure was not legal, or was potentially not legal? I do not think that anyone has answered that question. I do not know the answer myself.

If the search warrant did not specify the seizure of cash in some way (and it could be as part of a broader term in the warrant such as "indicia of drug sales" which might include wads of cash, ledgers, etc.), and the owner was not offered a receipt for the cash and it was not logged into evidence and recorded on the return to the court, then the money was stolen and you should contact the agency involved and maybe the county prosecutor to report the misconduct. If, however, a receipt was issued and/or the cash was booked into evidence and provided in a return to the court, then the remedy would be to seek its release in court.

 

[quincy]

What is the name of your state (only U.S. law)? Washington state
cops had a search warnt came into my hose took my money nothing else and I want it back how can i get it back?

Although I would still like the first questions I asked answered, here is a link to Washington's search and seizure law, which also tells you how to go about getting what was seized returned:

https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=CrRLJ&ruleid=cljcrrlj2.3