Like I said it’s controversial. Question: If they found the drugs in a suitcase are they bound to return the suitcase.
A criminal doesn't care. He'll just walk away from his losses. It's a normal part of doing business.
But speaking of drugs, remember how marijuana is legal in CA for medicinal purposes? The feds are confiscating the property of legal distribution centers in order to shut them down now. They've recently told landlords of such centers that their property will be confiscated if they keep renting to smaller state-approved centers. Talk about a loss of state sovereignty.
I remember a case where a charter pilot took a regular-looking passenger on a business trip as usual. When he landed the feds took the passenger's briefcase which contained a lot of cash. They also took the pilot's Lear Jet. The drug guy just disappeared, writing off the loss. After years in court the pilot ended up having to buy his plane back at auction. Remember, you're up against the full force of the state or federal government (or both) to get your stuff back, and they'll fight tooth and nail, appealing all the way up, bankrupting you with bonds and legal fees if they have to in order to keep your stuff.
Question: If they found the drugs in a suitcase are they bound to return the suitcase.
Is it illegal to have a suitcase? Why would the suitcase even be taken to begin with? Take the drugs, leave the suitcase, then it isn’t even an issue. But that’s the problem isn’t it? The cops want stuff, they want YOUR stuff if they can get it. Seizure laws turn the cops into greedy little tyrants.
If the owner of said suitcase is not convicted of a crime, of course the state must return it -- and in a timely fashion, too.
Absolutely yes, unless after conviction it was PROVEN to be purchased with money derived from illegal activity.