Filutowski v. Las Vegas Metropolitan Police Department (Amicus)

Sebastian Filutowski sold his Camaro in a legitimate transaction and received payment in cryptocurrency, which he converted to U.S. dollars. LVMPD later froze and seized more than $50,000 from his bank account through its Cyber Investigative Group policy. Under that policy, detectives can seek a warrant without notifying the property owner, classify the person as a “secondary victim,” and transfer the money to another person without filing a forfeiture case or providing an adversarial hearing.

Filutowski filed a lawsuit seeking the return of his property and an order blocking law enforcement from using property seizure practices that deny people due process. The district court ordered LVMPD to return his money but denied his request for a permanent injunction. Filutowski appealed that decision to the Nevada Supreme Court.

We filed an amicus brief, in partnership with Nevada Attorneys for Criminal Justice, because law enforcement should not be allowed to bypass due process through internal policies that function like civil forfeiture while avoiding forfeiture safeguards. In our brief, we argue that LVMPD’s Cyber Investigative Group policy has the same real-world impact as civil forfeiture: a person loses access to their property and must fight the government to recover it. We also argue that the harm occurs when the property is taken, not only after someone has exhausted every possible legal remedy. Returning money months later does not erase the violation or the cost of being forced to litigate for basic constitutional protections.

The ACLU of Nevada does not represent the parties in this case, and our involvement is limited to filing an amicus curiae brief, also known as a “friend of the court” brief, which allows us to share legal arguments, policy expertise, and broader civil liberties perspectives that may assist the court in making its decision. We file these briefs in cases that may have significant implications for constitutional rights and civil liberties, even when we are not directly representing the client or parties named in the lawsuit.