Can Damages Be Sought?

[reeseneal]

What is the name of your state? Illinois
My son and a passenger, were stopped on a Sheboygan County, Wisconsin Hwy on 4/9/2003 for speeding. During several searches a pistol and 5 ounces of cocaine were allegedly found. My sons attorney, at the time, contented that it was an illegal search. This was agreed with by the judge, who Suppressed the Evidence. The cases was dismissed in the Civil Trial and on 6/17/2005 the case was Dismissed / Pr Motion by the State Appellant Court. My questions are..... Does he have to sue to get his car back? Can any damages be sought? I have copies of most of the Court Transcripts and other records. Any help anyone can give me will be greatly appreciated.

 

[seniorjudge]

What is the name of your state? Illinois
My son and a passenger, were stopped on a Sheboygan County, Wisconsin Hwy on 4/9/2003 for speeding. During several searches a pistol and 5 ounces of cocaine were allegedly found. My sons attorney, at the time, contented that it was an illegal search. This was agreed with by the judge, who Suppressed the Evidence. The cases was dismissed in the Civil Trial and on 6/17/2005 the case was Dismissed / Pr Motion by the State Appellant Court. My questions are..... Does he have to sue to get his car back? Can any damages be sought? I have copies of most of the Court Transcripts and other records. Any help anyone can give me will be greatly appreciated.

Q: Does he have to sue to get his car back?

A: A civil forfeiture of a car used by dope pushers has nothing to do with criminal charges. So he can still lose the car.


Q: Can any damages be sought?

A: Yes; the government will sue him to forfeit assets.

 

[CdwJava]

He was running around with drugs and a gun, and now he wants to sue to get the car back and seek damages?

Wow! Ya gotta admire the stones on some people!

I am guessing your son is an adult. If that's the case, let him deal with this himself. You don't condone this lifestyle of drugs and guns, do you? Or are you actually buying the story that these weren't his?

- Carl