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WVa man caught with $25K of heroin sues over seizure of home

September 16, 2019

OAK HILL, W.Va. (AP) — A West Virginia man whose house and car were seized after deputies found $25,000 worth of heroin in an illegal search is now suing the authorities involved, saying his property was improperly forfeited.

The Charleston Gazette-Mail reports Keith Allen Sizemore is suing Fayette County, the town of Oak Hill and sheriff’s Sgt. Shannon Morris for unreasonable search and seizure.

Sizemore was arrested in 2017 after officers threw a concussion grenade into his home and found 112 grams of heroin.

U.S. District Judge John Copenhaver dismissed the case, saying the search warrant was obtained using false probable cause evidence. Sizemore was never indicted. Now he wants his property back.

County prosecutor Larry Harrah said forfeitures must be made within 90 days, so they often happen before people are indicted or convicted.

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