Seattle Civil Forfeiture Attorneys

Defending Against Property Seizure in Washington

Civil forfeiture occurs when law enforcement seizes property associated with a crime. In Washington, the Revised Code of Washington (RCW) sections 10.105.010 and 69.50.505 regulate the seizure and forfeiture process, including civil forfeiture hearings. If the state has seized your personal property, vehicle, or money, the Seattle civil forfeiture lawyers at Blair Kim Moeller, PLLC can help you protect your legal rights.

Forfeiture of Felony-Related Property Under RCW 10.105.010

Under RCW section 10.105.010, any and all personal property is subject to seizure and forfeiture if: (1) it was used as an instrumentality to perpetrate a felony, (2) it was compensation for perpetrating a felony, or (3) it was used to aid or abet the perpetration of a felony. However, your property cannot be forfeited under this code section until the state has convicted you of a felony in connection with which the property was acquired, furnished, or employed. Forfeiture of property affected by a bona fide security interest can be subject to the secured party's interest if the secured party did not know about or consent to the felony.

Any law enforcement officer can seize personal property that falls under this section if a superior court with jurisdiction issues process. Property may also be seized without process in certain circumstances, such as where the seizure is incident to arrest, where an officer has probable cause to believe the property has been used to perpetrate a felony, or where an officer has probable cause to believe the property is directly dangerous to safety or health. An attorney can help you determine whether a seizure in your case was lawful.

Forfeiture of Drug-Related Property Under RCW 69.50.505

RCW section 69.50.505 covers the seizure and forfeiture of items related to drug crimes, including:

• Drug paraphernalia
• Drugs and the chemicals meant for manufacturing them in violation of the Uniform Controlled Substances Act
• Raw materials, equipment, and products used or meant to be used to create drugs
• Books or research materials used to create drugs
• Conveyances used to facilitate drug sales, except under certain circumstances
• Real estate or land involved with drug crimes
• Money, property, or negotiable instruments gained from drug crimes

Forfeiture of real property must meet certain criteria. For instance:

• No forfeiture of real property can occur in the event of a bona fide gift of a drug, imitation drug, or legend drug.
• Possessing marijuana cannot result in real property forfeiture unless it was possessed for commercial purposes that are illegal in the state, five or more plants were possessed, or certain other circumstances apply.
• There is no forfeiture of real property in connection with the illegal sale of marijuana or a legend drug unless 40 or more grams of marijuana were sold, or $100 or more was obtained in the sale of a legend drug, and a substantial connection exists between the sale and the real property.

A Seattle civil forfeiture attorney can evaluate whether a seizure complied with state law and explain the process for reclaiming your property.

How Civil Forfeiture Hearings Work

Whether your property was seized under RCW 10.105.010 or RCW 69.50.505, you may be able to challenge the seizure through a civil forfeiture hearing. The process generally works like this:

• Notice of your claim: You must notify the law enforcement agency that took the property of your claim of ownership or possession, and the rules of service must be followed. Under RCW 69.50.505, written notice must be provided within 45 days, and you are supposed to be given a reasonable opportunity to have your claim heard.
• The hearing: It is held before the chief law enforcement officer of the seizing agency or that officer's designee, except under certain circumstances.
• Removal to court: The case can be removed to a court of competent jurisdiction under civil procedure rules, using a particular process.

The burden of proof depends on the statute:

• RCW 10.105.010: Whoever claims to be the lawful owner or possessor of the property has the burden of producing evidence to that effect. If two or more people claim ownership, the prevailing party is entitled to costs and reasonable attorney's fees.
• RCW 69.50.505: The law enforcement agency must show it is more likely than not that the seized property is subject to forfeiture.

If you prevail, the seizing agency should promptly return your property.

Speak with an Experienced Seattle Lawyer

When police improperly seize property, it may be possible to get it back. The dedicated civil forfeiture lawyers of Blair Kim Moeller, PLLC represent clients in Seattle, Redmond, Kirkland, and Bellevue, as well as throughout King County. Call us at (888) 478-4001 or contact us through our online form to schedule your initial consultation.