SCOTTSDALE, Ariz. — A newly filed lawsuit accuses Scottsdale police of unlawfully seizing hundreds of thousands of dollars worth of cars and watches from a Valley couple. The process of doing this, known as civil forfeiture, is not a new concept. However, the couple, Jose Meraz Jr. and Nuvia Gardea Frias allege the police not returning the items to them has violated Arizona law.
The lawsuit says this all began back in November 2023 when Scottsdale PD executed two search warrants. One was executed at a $7 million home in Paradise Valley and the other at a home in Tolleson.
The seizures are connected to an ongoing criminal investigation the couple claims they know nothing about.
According to court documents, law enforcement seized an Apple TV, two DVRs, three different cars, 28 watches, and $600 in cash from the Paradise Valley home.
At the Tolleson home, they say police seized three Mercedes Benz Sprinter vans and a high-priced G-Wagon.
Valley attorney Benjamin Taylor said it's rare to see so many assets taken by police.
“When the police department gets a warrant that seizes a person's property, it's usually because of a criminal investigation, and it's very rare that you see many assets like this," Taylor said. "In some cases, it's because there is fraud allegations, if there's tax evasion allegations.”
The lawsuit said Arizona law requires the seized property to be returned to its owners within 10 days unless they have been arrested and charged with a crime. Nearly a year later, the couple says neither person has been charged with a crime nor has been arrested.
“There's no criminal indictment or criminal charge, so it's very odd that these people haven't received their property back," Taylor said.
To go a step further, the lawsuit claims Scottsdale police chose to release the five Mercedes Benz vehicles back to the company, instead of returning them to the couple. They have sued Mercedes Benz as well, but have chosen to stay that legal action until a judge rules in their case against Scottsdale police.
“A lot of people will say it's legal theft by law enforcement because you have law enforcement coming in and seizing your property prior to any sort of investigation or allegation," Taylor said.
They are now asking a Maricopa County judge to rule that their property was seized unlawfully, and the lawsuit asks the court to order that Scottsdale police must return their items.
“They just want their property back, and they're just frustrated in the fact that the government has their property for a long period of time," Taylor said.
The City of Scottsdale would not say what kind of criminal investigation the couple is under. When asked for comment on the allegations, a spokesperson said they could not comment on the matter due to ongoing litigation.