In Texas, civil asset forfeiture lets law enforcement and prosecutors seize property believed to be connected to crime, even when no criminal charge or conviction follows. Chapter 59 of the Texas Code of Criminal Procedure creates a civil procedure for forfeiture: the state must show probable cause to justify the seizure and then prove by a preponderance of the evidence that the property is subject to forfeiture, rather than meeting the criminal ‘beyond a reasonable doubt’ standard.
Because the civil standard is lower, property owners can lose access to bank accounts, vehicles, real estate, and other assets long before any criminal case is filed or resolved. In this guide, we’ll review how probable cause is evaluated in Chapter 59 actions and what owners can do to get their property returned.
What Is Probable Cause in Civil Forfeiture?
Probable cause in a Texas civil forfeiture case is a reasonable basis for believing that the property is connected to criminal activity. The court will ask whether the available facts reasonably support a connection between the property and the alleged offense.
It is important to note that the civil forfeiture process has two stages that use different standards:
- At the seizure stage, police officers may take property when they have probable cause to believe it’s contraband or traceable to criminal conduct.
- At the later forfeiture hearing, the state must prove by a preponderance of the evidence (more likely than not) that the property is subject to forfeiture.
How Texas Law Enforcement Justifies Seizures
In civil asset forfeiture cases, police and prosecutors point to factors that allegedly connect your property to illegal activity. These conditions can range from physical evidence to behavior that officers interpret as suspicious. By examining how Texas law enforcement justifies seizures, you can better understand the arguments used to support asset forfeiture cases.
- Large Amounts of Cash: Carrying large sums is frequently treated as evidence of drug trafficking. Even if the funds are from lawful sources, law enforcement agencies may argue the cash is tied to criminal conduct.
- Presence of Drugs or Paraphernalia: Finding drugs, weapons, or related items near cash or property is often used to claim a link to illegal activity. This can include small amounts discovered in a car or residence.
- Canine Alerts: A drug dog’s alert during a traffic stop or search may be presented as probable cause, despite questions about the accuracy of these searches.
- Suspicious Travel Patterns: Frequent or long distance/short duration trips along routes known for drug trafficking or travel between cities under surveillance can be cited as grounds for seizure.
- Associations With Suspects: Connections to individuals being investigated for criminal conduct may be used against you, even when your property wasn’t directly used in any crime.
These examples show how broad probable cause claims can be in asset forfeiture cases. The lower standard makes it possible for law enforcement agencies to seize property based on limited or circumstantial evidence. For you, that means property may be taken long before the state proves its case in civil court, leaving you to challenge the government’s claims after the fact.
Ways to Challenge Weak or Baseless Probable Cause Claims
When the state seizes property, you have the right to question their basis for doing so. In fact, failure to do so can result in a default judgment in civil court and loss of your assets. A strong defense begins by forcing prosecutors to show that their actions need to be grounded in more than casual assumptions.
- Demand Clear Evidence: Require prosecutors to provide facts that directly connect your property to alleged criminal activity. General statements or suspicions shouldn’t be enough to justify the seizure of cash, or any other property.
- Test Reliability of Evidence: Challenge methods the state relies on, such as canine alerts or field tests, by pointing to their record of errors. Officer testimony that isn’t supported by other proof can also be questioned.
- Provide Ownership and Financial Records: Present documents such as pay stubs, tax filings, or bank records to show that property or cash came from lawful activity. For example, you can fight real estate seizures by showing that the purchase came from legitimate money.
- Identify Contradictions in Reports: Expose inconsistencies in police accounts or investigative records that weaken the government’s claims.
By pressing the state to support its claims with solid proof, you increase your chances of recovering seized property. Each challenge forces the government to meet its burden and shows the court that probable cause must be based on facts, not assumptions. A Texas criminal defense lawyer can raise objections, file motions, and present evidence in ways that give you the best chance of success.
Legal Precedents in Texas Civil Asset Forfeiture Law
Texas courts have clarified how probable cause is defined, and treated, in civil asset forfeiture proceedings. These decisions explain what counts as a valid link between property and alleged crime, and when the state’s claims fall short.
States v. Ninety Thousand Two Hundred Thirty-Five Dollars & No Cents in U.S. Currency (2013)
The Texas Supreme Court confirmed that probable cause in civil asset forfeiture means a “reasonable belief that a substantial connection exists between the property to be forfeited and criminal activity.” The state must later prove forfeiture by a preponderance of the evidence, and an owner who timely files a claim may present evidence to rebut the state’s showing.
State v. One (1) 2004 Lincoln Navigator (2016)
In these judicial proceedings, the Court held that even if a seizure or search was unlawful, the state may still use the resulting evidence in a Chapter 59 forfeiture case. That decision means the exclusionary rule used in criminal trials doesn’t apply in civil forfeiture proceedings.
In re Seizure of Gambling Proceeds and Devices (2008)
The Court discussed that forfeiture under Article 18 (relating to gambling) is an in rem proceeding against property, not the owner. It reaffirmed that a search warrant requires specific facts establishing probable cause, but once established, the state has met its initial burden.
These rulings show that Texas courts require a concrete link between property and criminal conduct, yet they also allow seizures based on probable cause and permit evidence even if obtained unlawfully. Knowing these precedents helps you understand how to evaluate and challenge the state’s case in a civil asset forfeiture action.
Call a Texas Civil Forfeiture Attorney Now
Probable cause sets the foundation for every civil forfeiture case in Texas. It gives the state the opening to seize property, but it also creates an opportunity for you to push back if the claims are weak. By questioning the evidence, filing the right motions, and presenting lawful explanations for your property ownership, you can challenge the government’s case in court.
Attorney Amanda Skillern has years of experience handling forfeiture cases and challenging the state’s use of probable cause. With her background as both a prosecutor and criminal defense attorney, she knows how to identify weak arguments and fight for the return of seized property. If your assets have been taken, working with the Law Office of Amanda Skillern can give you the best chance to recover what’s yours. To request a confidential consultation, call 346.291.0432 or contact our criminal defense firm online today.
Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over years old. Richard McClintock, a Latin professor at Hampden- Sydney College in up one of the more obscure Latin words, consectetur.
