Legal Question in Civil Rights Law in Oregon

i was pulled over by the bend police and they seized 1100.00 in cash from me and said it was because there dog hit on it. what can i do to get it back

Asked on 1/21/13, 6:35 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Oregon by initiative has adopted laws limiting what can be seized and kept by the police. You can get a hearing re your money by following this law:

131A.100 Hearing on probable cause. (1) Any person with an interest in property that has been seized for forfeiture may file an application to have an order to show cause order issued to a forfeiting agency to determine if probable cause exists to seize the property for forfeiture. The application must be filed not more than 15 days after forfeiture notice is served under ORS 131A.150, or within 15 days after the person receives actual knowledge of the seizure, whichever is later. A copy of the application must be served on the forfeiture counsel.

(2) When a hearing is held on a show cause order issued under this section, the court shall determine if probable cause to seize the property for forfeiture exists on the date of the hearing. If the court finds that probable cause for seizure of the property for forfeiture does not exist, the forfeiting agency shall release the property.

Also, the seizure was unlawful, unless the police gave you a multi-language disclosure form before searching your car, under this law:

131A.025 Consensual search of motor vehicle; required notice. (1) Notwithstanding any other provision of this chapter, property that is seized solely on the basis of a consensual search of a motor vehicle is not subject to forfeiture unless, before obtaining the consent of a person for the search, the person is provided with written, multilingual notice of the right of the person to refuse to consent to the search. The notice shall include at least the following information:

(a) Notice that the person has a right to refuse to consent to a search.

(b) Notice that a refusal to consent to a search cannot be used against the person for any purpose.

(c) Notice that anything found in the search can be seized as evidence of a crime or can be seized for forfeiture.

(2) A notice or consent form under this section shall be considered multilingual if the notice or form provides information in at least English and Spanish. [2009 c.78 5]

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Answered on 1/21/13, 7:17 pm

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