Car seizure: can I get my car back from police if it was seized.
Question Details: My boyfriend was caught in my car July 8, 2009 for a **** sale and police found drugs in the car. Automatic they talk about seizing it. It was my money that purchased the car yet he made the deal with the dealership while I was at work and everything was registered to him, under his name on June 17th '09. I wrote up a promissory note signed 6/18 that as soon as the title came he would sign it over to me since he has $875 to my $4100 towards car. The note is witnessed, notarized and signed by us both. I have faxed this form to the Vice Detective in charge. Do I have rights to my car or them?
Although I do not practice law in the State of Pennsylvania, here are my initial impressions. First, the general rule is that when a car is used in illegal activity, or when it is paid for out of the proceeds of illegal activities, that car may be seized pursuant to a civil proceeding known as "asset forfeiture." Asset forfeiture laws vary from state to state; however, many states recognize something called an innocent owner defense, which applies when the property is either owned by two people or if it is owned by an individual who did not participate in the illegal activity. My advice is that you should consult with and/or retain an attorney to determine whether it may be possible for you to have your car returned to you once you have discussed the facts relevant to this matter with the attorney in detail. Good luck.