In re Property Seized from Jean Carlos Herrera and Fernando Rodriguez

Assertion of the Fifth Amendment privilege against self-incrimination excuses compliance with forfeiture threshold pleading requirements in Iowa Code 809A.13(4)(d), such as identifying the source of cash.Claimants’ property was seized after a drug interdiction traffic stop. The State sought forfeiture of the impounded vehicle and money discovered in a hidden compartment after issuance of a search warrant. Claimants sought return of the cash and vehicle but their pleadings omitted information required by section 809A.13(4)(d). The district court dismissed the driver’s claims for noncompliance with the statute’s pleading requirements. Following months of litigation, the State consented to return of the vehicle to the owner. The district court denied the owner’s claim for attorney fees. The Supreme Court remanded, holding (1) the district court erred by failing to rule on Claimants’ motions to suppress before adjudicating the forfeiture claims and erred by overruling Fifth Amendment objections to the pleading requirements; and (2) the vehicle owner was a prevailing party entitled to recover his reasonable attorney fees under the forfeiture statute. View "In re Property Seized from Jean Carlos Herrera and Fernando Rodriguez" on Justia Law