When authorities are orchestrating a drug bust, it is not uncommon for police to confiscate anything they believe is tied to the crime. However, if the owner believes such items were not confiscated legally by police, the owner has the right to file a lawsuit. Even in cases where the owner is accused of a crime and facing charges, he or she still has rights when it comes to search and seizures.
Take for example the recent case involving a North Mankato man. He recently filed a lawsuit related to a search of his home in October. During this search, two pistols, a rifle and $6,500 in cash was confiscated by authorities. The North Mankato man believes the items taken should be returned to him.
In this case, the man was arrested after allegedly picking up a 5-pound package of marijuana.
According to the criminal complaint, the package was originally shipped to Minnesota from a California city where there are several well-known businesses that legally sell medical marijuana. This package ended up being intercepted by drug task force investigators at the Minneapolis-St. Paul International Airport.
The complaint goes on to state it was actually delivered to its final destination — a store — by airport police. The owner of the store signed to accept the package and the North Mankato man was later arrested when he came to the store to pick up this package.
The owner of the store — who claims he thought the package contained T-shirts the other man had ordered — said he was just at the wrong place at the wrong time. He ended up also getting arrested and his store was searched.
For the man who came to pick up the package, his home was also searched. This is when the guns and money were confiscated. However, he claims the guns and cash had nothing to do with the alleged crime. Therefore, he wants them back. In terms of the rifle, he also contends this belongs to someone else and — again — is not tied to the alleged crime.
Source: The Free Press, “Man claims cash, guns illegally seized,” Dan Nienaber, Jan. 12, 2014