Can the police take your car if they didn't find drugs in it?

Forfeiture laws vary between the federal system and the state system and from state to state. Generally, in order to forfeit a vehicle, the prosecution would have to establish that the vehicle was used to facilitate a drug transaction, that drugs were stored in the vehicle or that it was purchased with drug proceeds. To show the vehicle was used to facilitate a drug transaction, it is not necessary for drugs to have been found in the vehicle. Examples of conduct that might meet the state's burden include driving someone in your vehicle to a location to participate in a drug transaction or delivering drugs to a place where someone else later obtains them. In Tennessee, where you are from, vehicles that are used, or intended to be used, to transport or facilitate the transportation, sale or receipt of controlled substances are subject to seizure and forfeiture. However, forfeiture is not authorized if the offense is one of simple possession or a casual exchange of drugs. It also doesn't apply to distribution of a half-ounce or less of marijuana or to possession of drug paraphernalia. Even if the vehicle is subject to forfeiture, as the vehicle owner, you may have a defense if the act giving rise to the forfeiture was committed without your knowledge or consent. Time limits on challenging forfeitures can be very strict. If the police have seized your vehicle, I recommend you retain an attorney in your jurisdiction with experience in both defending criminal drug cases and civil forfeitures. He or she can best advise you as to whether the state has a valid forfeiture claim against you and what, if any, defenses you may have. Even if the state's case is strong, an experienced lawyer may be able to negotiate a favorable settlement for you.