Motion to Suppress in CAFRA Forfeiture Cases
The Fourth Amendment of the United States protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. CONST. amend. IV. If your money, or property, is seized without a warrant, one of the most important defenses in the case requires filing a motion to suppress illegally obtained evidence and seizure of the asset for forfeiture.
The Fourth Amendment applies to the seizure and subsequent civil forfeiture of property following a warrantless stop and search. The Supreme Court held long ago in One 1958 Plymouth Sedan v. Commonwealth of Penn., 380 U.S. 693 (1965) that the Fourth Amendment’s exclusionary rule applies to civil forfeiture proceedings.
Additionally, the Fourth Amendment’s requirements appear in the statutory framework of The Civil Asset Forfeiture Reform Act of 2000 (CAFRA), set forth in part civil forfeiture proceedings in 18 U.S.C. § 983. CAFRA specifically requires in 18 U.S.C. § 981(b)(2)(B) that seizures be made pursuant to a warrant or be based upon probable cause and made pursuant to a lawful search or arrest. If the seizure is based on property seized by a state law enforcement agency and transferred to a federal agency that seizure must also be in compliance with the Fourth Amendment. See 18 U.S.C. § 981 (b)(2)(C).
Civil forfeitures laws permit law enforcement to seize property without a conviction and keep what they seize, this has warped law enforcement priorities and decimated public trust in law enforcement.
Attorney Sebastian Rucci Focuses His Law Practice on Seizures and Asset Forfeitures
Forfeiture Attorney Sebastian Rucci has 27 years of legal experience and focuses his practice on seizures and asset forfeitures. He also works with other attorneys co-counsel on civil asset forfeiture cases.
Forfeiture attorney Sebastian Rucci will challenge federal asset forfeiture cases throughout the United States. He can file a verified claim for the seized assets, an answer challenging the allegations in the verified forfeiture complaint, seek an adversarial preliminary hearing if one was denied, and challenge the seizure by filing a motion to suppress and dismiss on multiple procedural grounds demanding the immediate return of the seized assets.
Experienced forfeiture attorney Sebastian Rucci can show that the seized assets are not the proceeds of criminal activity and that the agency did not have probable cause to seize the funds or other assets. Even if a showing of probable cause has been made, he can file to rebut the probable cause by demonstrating that the forfeiture statute was not violated, that the agency failed to trace the funds, or showing an affirmative defense that entitles the immediate return of the seized assets.
Forfeiture attorney Sebastian Rucci is available as co-counsel, working with other counsel, where he focuses on challenging the asset forfeiture and seizure aspect of the case throughout the United States. Forfeiture attorney Sebastian Rucci often takes civil asset forfeiture cases on a contingency fee basis, which means that you pay nothing until the money or other asset is returned. Let experienced forfeiture attorney Sebastian Rucci put his experience with federal seizures and forfeiture actions to work for you, call attorney Sebastian Rucci at 330-720-0398.
