Can Law Enforcement Take My Property After A Drug Arrest?

In late August 2025, a press conference in Polk County to discuss the aftermath of a drug bust included Sheriff Grady Judd donning a large gold chain and bracelet, ostensibly to make a point about the dangers of selling or trafficking drugs. The sheriff tried to draw a line between the “drip” and the ill-gotten money allegedly used to buy it, but instead of highlighting the good work done by the task force in arresting 32 suspects, it made a somewhat more unsavory point about civil asset forfeiture.

Probable Cause Must Exist

Civil asset forfeiture stems from a legal principle which states that certain items of property can be seized by law enforcement if probable cause exists to believe that it was an “instrumentality” used in the commission of a crime. Florida’s law specifically lists as ‘contraband’ anything that was used (or was intended to be used) to violate Chapter 893, which is Florida’s statutes on drug offenses.

What this means for the average person is that any item of property that was (1) used in the commission of a crime; and (2) the owner knew or should have known of that use can be appropriated by the state. Probable cause is a very low evidentiary standard, and it is hard to define, but if your property has been seized, you are not without resources to try and get it back.

Know Your Rights

If your property has been seized by law enforcement, you have the right to file a request for an Adversarial Preliminary Hearing (APH), though it must be done within 15 days of your receiving notice of the forfeiture. An APH requires the state to establish their case for the forfeiture in front of a judge; to establish probable cause, which means they must definitively show that the property was used in commission of a crime.

The antecedents of the jewelry and firearms displayed by Sheriff Judd are unknown, but whomever owns them would be able to file a claim for their return if the state cannot show they were an ‘instrumentality’ of a crime. If you wind up in a similar circumstance, it is important that you are aware of your rights to your property, as if you do not file for an APH, the state agency may be entitled to keep the property it has taken.

Contact A West Palm Beach Drug Offenses Attorney

If you have been charged with a drug-related offense in Florida, it is important that you be aware of the additional potential consequences like asset forfeiture, but if law enforcement seizes your assets unfairly, a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. will make sure your rights are protected. Contact our office today to schedule a consultation.

Source:

fox13news.com/news/grady-judd-gives-details-yearlong-operation-capital-city-crack-down-drug-trafficking-investigation