New Jersey Law Allows Seizure of Property as Evidence Pending Criminal Prosecution

New Jersey has a law, section 2C:64-4, that allows law enforcement to seize property that is subject to forfeiture as evidence pending a criminal prosecution. This means police can take possession of items used in or derived from criminal activity while building a criminal case. Once convicted, the state can then pursue forfeiture of the seized property.

What Property Can Be Seized Under 2C:64-4?

Section 2C:64-4 cross-references chapter 64 of the New Jersey code, which covers property subject to forfeiture. Essentially, any property used or intended for use in furtherance of an illegal activity can be seized, including:

• Vehicles used to transport or facilitate the transportation of illegal substances
• Money or other valuables furnished or intended to be furnished in exchange for a controlled dangerous substance
• Real property used or intended to be used to facilitate the manufacture or distribution of drugs
• Weapons and ammunition used unlawfully against a person or property
• Equipment and raw materials used or intended for use in the production and distribution of counterfeit items
• Property used in human trafficking or child pornography
• Gambling devices, funds, and real property used in illegal gambling operations

Police can seize such property as evidence even before any arrests or formal charges are filed. The key is showing probable cause that the assets are linked to criminal violations subject to forfeiture under state statutes.

Seizure Procedures Under New Jersey Law

Law enforcement in New Jersey has fairly broad authority to seize property without a warrant if they have probable cause to believe it constitutes evidence of a crime. However, chapter 64 does impose some procedural requirements, including:

• Police must obtain a court order to seize property when not inconsistent with state/federal constitutions
• Seizures without a court order are limited to situations where there is probable cause and an immediate threat to public safety
• Written inventories must be provided to the owners with details on the property seized
• Notice must be given to anyone with a known interest in the seized property

So while warrantless seizures are allowed in some circumstances, the state still requires formal notice and documentation when property is taken by police.

Using Seized Property as Evidence in Criminal Cases

The primary purpose of section 2C:64-4 is to allow law enforcement to secure evidence while investigating crimes. This serves two purposes—preserving key evidence before it can be destroyed or tampered with, and demonstrating a direct connection between the seized assets and criminal conduct.

Some examples of how seized property can provide evidence in prosecutions include:

• Drugs, paraphernalia, and traces of narcotics found in a seized vehicle
• Financial records, transaction data, and communications stored on electronic devices
• Weapons, ammunition, residue, and ballistics evidence tying guns to shootings
• Counterfeiting equipment and fake IDs directly linking assets to fraud schemes

Establishing these evidentiary links is crucial for pursuing convictions and, ultimately, the forfeiture of seized assets after trial.

Defending Against Seizures With Legal Assistance

The seizure of property and assets can devastate innocent people caught up in overzealous investigations. Anyone facing this situation needs an experienced criminal defense lawyer to protect their rights. A knowledgeable attorney can:

• Challenge improper seizures not supported by probable cause
• Craft motions arguing for the return of seized property
• Contest factual links between seized assets and alleged criminal conduct
• Advocate for reasonable settlement offers and agreements
• Develop an overall negotiation strategy with prosecutors

Fighting back against unsupported seizures gives property owners their best chance at recovering wrongly taken assets. This requires expert legal help guiding each stage of the process.