Phoenix Sky Harbor International Airport Money Cash Seizure Lawyers

Phoenix Sky Harbor International Airport Money Cash Seizure Lawyers

Getting your cash seized by police at an airport is a scary situation that no one wants to find themselves in. But unfortunately, it happens more often than you’d think – especially at Phoenix Sky Harbor International Airport. In this article, we’ll break down everything you need to know about cash seizures at Sky Harbor, including your rights, potential defenses, and how to fight to get your money back with the help of a lawyer.

The Problem of Civil Asset Forfeiture

Many cash seizures at Sky Harbor and other airports around the country happen through a controversial practice known as civil asset forfeiture. Here’s how it works: police can seize your cash or other property if they suspect it’s tied to criminal activity – even if you’ve never been charged with or convicted of a crime! The burden is then on you to prove the money is “innocent” to get it back.

Civil asset forfeiture laws were originally aimed at fighting organized crime by letting police confiscate illicit assets. But today, critics say police abuse these laws to pad their budgets through cash grabs from innocent citizens. For example, a recent case involved Phoenix police seizing $39,500 from an innocent trucker at Sky Harbor.

Your Rights During a Cash Seizure

If police seize your cash at the Phoenix airport or elsewhere, you still have important rights:

• You have the right to know why police are seizing your money and what law you allegedly violated.
• You have the right to remain silent – don’t answer police questions if you don’t want to.
• You have the right to speak to a lawyer before deciding what to tell police.
• You have the right to get your lawyer involved immediately to try negotiating return of cash.

Exercising these rights is critical to protect yourself and avoid accidentally incriminating yourself when questioned by police about your money. Be polite but firm in asserting your rights. The more information police get, the harder it may be to get your cash back later.

Fighting Cash Seizures with a Lawyer

Trying to get seized money back from police without a lawyer is extremely difficult. The legal process is complex, and police and prosecutors have the upper hand. An experienced asset forfeiture attorney levels the playing field. They can:

• Negotiate return of all or some of your money quickly, avoiding court.
• Sue for return of the money if talks fail.
• Argue the seizure violated your constitutional rights.
• Prove you’re an “innocent owner” who did nothing illegal.
• Help uncover any police wrongdoing.

With legal help, many people do succeed in getting their money back – either in full or in large part. For example, trucker Jerry Johnson had his $39,500 returned two years after Phoenix police seized it at Sky Harbor. But you must act quickly, as strict deadlines apply for contesting seizures.

Common Defenses Against Cash Seizures

When fighting cash seizures in court, some of the most common and effective legal defenses include:

• No evidence of criminal activity – Police can’t just take cash without evidence it’s tied to illegal acts.
• Innocent ownership – You can prove the money comes from legal work or investments.
• Excessive fine – The seizure violates the 8th Amendment prohibition on excessive fines.
• Lack of notice – You weren’t properly notified of the seizure or your rights.

A good lawyer will analyze which defenses are strongest under the specific facts of your case. It’s also possible police violated search and seizure laws when taking the money, providing additional arguments to get it back.

Pros and Cons of Fighting Seizures in Court

Deciding whether to fight a cash seizure in court isn’t always straightforward. Some pros and cons to consider:

Pros

• You could win back all of your money, not just a portion.
• You can hold police accountable for wrongdoing.
• You can create helpful case law if you win.
• The case may bring public attention to abusive practices.

Cons

• Court cases can drag on for months or years.
• There’s no guarantee you’ll win in the end.
• You’ll likely need to pay significant legal fees.
• The stress of litigation takes a personal toll.

Every case is unique, so think through the practical and emotional costs. An attorney can advise if litigation seems worthwhile. Sometimes taking a smaller settlement may be the right call.

Finding the Right Lawyer

Not all lawyers have in-depth experience fighting cash seizures. Look for an attorney who:

• Focuses specifically on civil asset forfeiture cases
• Has a proven record of getting seized money returned
• Is knowledgeable about forfeiture laws and defenses
• Is aggressive yet strategic in negotiations and litigation
• Keeps fees reasonable and offers payment plans

Also research lawyer reviews and ask about their case results. You want someone who knows this niche area very well.

The Bottom Line

Getting cash seized at an airport like Sky Harbor leaves people feeling violated, confused and desperate. But with the right legal help, many people do succeed in getting their money back through negotiation or litigation. Don’t let police improperly profit off civil asset forfeiture laws. Fight back with an experienced lawyer at your side.

References

• https://www.usatoday.com/story/news/nation/2023/03/23/jerry-johnson-arizona-police-civil-asset-forfeiture/11532462002/
• https://www.12news.com/article/news/local/arizona/trucker-back-39500-police-took-sky-harbor-airport-phoenix/75-9d88d327-bee4-47ac-b0a6-08942316d11b