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Posted - 09/30/2010 01:06pm
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Local Civil Asset Forfeiture Victory
Eugene Davidovich was recently acquitted of all charges against him for illegally possessing and selling marijuana. His actions were deemed allowed under California Proposition 209 allowing cultivation and use for medical purposes.  After his acquittal, he requested that his seized belongings (including his passport and marijuana) be returned to him.  The San Diego Police Department initially claimed that the seized property was forfeit under the civil asset forfeiture laws.  Davidovich's attorney, was forced to send a formal request on April 7th, after having previously, informally requesting the property to be returned five times.

With litigation as the only option left to him, Davidovich filed a suit against the city. In late April Judge David Szumowski ordered the return of all property seized from Davidovich in February 2009.  Subsequently, the San Diego Police Department relented, returning several items including Davidovich's passport and marijuana.  This is one of the latest cases involving civil asset forfeiture, in which a criminal case morphs into a civil case and defense attorney's must battle prosecutors to return assets owned by acquitted defendants.


If you are being investigated or have been charged with a drug crime, call attorney Stacie L. Patterson. (619) 269-8074