Contolled Buy

What is the name of your state? Minnesota

My moms house was raided a couple of years ago. They said that they had a informant come into the house to buy Methemphetamine, Following other complaints from neigbors. Don't the cops have to show proof of the dope that was sold and the copies of serial numbers from money that was distributed. They ended up thinking there was alot of dope but only found paraphenlia. The money they took was from Selling a truck to the Bailsbonds Man. They also wouldn't let her go to court for the forfiture of the cash untill after she was sentenced. Well they put her in prison then set the court date. Is any of this Legal?

In some states, your mother's house could also be forfeit.

Since it appears she is awaiting trial, the state will retain possession of the money as evidence. After the trial (regardless of outcome), the state will claim the money came from illicit transactions and will probably never willingly return the money. I hope there is a bill of sale.

Control Buy

My Moms house wasn't going to go anywhere because they didn't find and substantial amount of meth they found a pipe. Anyways she is home and clean. She was in prison for a year and came home in feb 2007. But to address my first question if anyone has an answer. Don't the cops, if they are telling the truth, Have to show proof that the informant actually did the control buy? I mean The cops about 60 miles from here always make sure that they have pictures of the drug that was bought and the copies of the money that it was bought with. They automatically put that in the police report. The cops in this town never said how much was ever bought from this house or how much money was given to her for the sale. So i am a little confused about the process.

Have you mom's attorney ask for a bill of particulars and engage in discovery. He will see everything that is being used against her to convict.

Served Citation?

First when they seize money homes etc. Some states have 30 days to serve citation for the suit. Then in some states (most) you have till the following monday after 20 days @10:00am to file an answer. And you should and demand strict proof. If they do not file a citiation. They may not be following procedure in you state. And she still should have rights to the civil suit. Making them prove money was contraband. In texas this would be siezed under chapter 59.
Did the warrant also include such siezure? read carfully it should specifically Name things to be siezed! Example In texas a warrant done under Art. 18.02. you would look at the subdivision also was this correct? Example Warrant issued under 18.02 subdivision (12) or maybe there was a subsequent search warrant this would mean both warrant would have had to be issued under subdivision (10) also did the proper magistrate issue the warrant not that the rule for subdivision 10-12 changed Jan 1,2008. it will not affect anything proior to that date. And 10 and 12 being the only warrants they could seize money. Not as if they had done it under sub (7) alone. And most states have similar rules. Good luck!

Served Citation?

First when they seize money homes etc. Some states have 30 days to serve citation for the suit. Then in some states (most) you have till the following monday after 20 days @10:00am to file an answer. And you should and demand strict proof. If they do not file a citiation. They may not be following procedure in you state. And she still should have rights to the civil suit. Making them prove money was contraband. In texas this would be siezed under chapter 59.
Did the warrant also include such siezure? read carfully it should specifically Name things to be siezed! Example In texas a warrant done under Art. 18.02. you would look at the subdivision also was this correct? Example Warrant issued under 18.02 subdivision (12) or maybe there was a subsequent search warrant this would mean both warrant would have had to be issued under subdivision (10) also did the proper magistrate issue the warrant not that the rule for subdivision 10-12 changed Jan 1,2008. it will not affect anything proior to that date. And 10 and 12 being the only warrants they could seize money. Not as if they had done it under sub (7) alone. And most states have similar rules. Good luck!

marjia25 said:

Don't the cops, if they are telling the truth, Have to show proof that the informant actually did the control buy?

Click to expand...

It would certainly help the prosecution's case at trial, but they do not HAVE to present the controlled buy at trial if they do not want to. The decision on what evidence to present at trial will be up to the DA (not the police) and you may not know about this issue until then.

If the matter was not presented at her criminal trial, then her attorney can raise it at the forfeiture hearing if it is relevant at all.

She needs to listen to her attorney.

- Carl