Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA9: Cash seizure based on PC from false affidavit required exclusion

By John Wesley Hall, Jr.

The government’s seizure of a medical marijuana supplier’s cash was based on a false affidavit by LAPD to create probable cause under state law. Without the affidavit, there was no probable cause, and judgment is entered for the supplier. United States v. $186,416.00 in United States Currency, 2010 U.S. App. LEXIS 732 (9th Cir. January 7, 2010): This police misconduct is both highly objectionable and closely connected to the Feil declaration. The LAPD's omission of crucial information from the warrant affidavit enabled its illegal search of UMCC's offices and its seizure of the defendant currency. This, in turn, led directly to Feil's declaration as, without a statement of ownership, UMCC would have been left without legal recourse to regain the currency that was illegally taken from its possession...continue to full post

Full post as published by Fourth Amendment on January 14, 2010 (boomark / email).