BRADENTON -- City police filed a bogus charge against a 20-year-old man, improperly took $10,000 from him and now refuse to return it despite the charge being dropped, lawyers for the man argue in a lawsuit filed against the department this week.

The lawsuit on behalf of Delane Johnson also questions the legality of the department's policy, which allows police to take a person's property without judicial oversight -- simply by having the person sign a consent form drafted by the department.

The forfeiture dispute dates to July, when police stopped Johnson outside an east Bradenton apartment. Police say when they questioned Johnson they saw a wad of money in his pants pocket.

Johnson told police he was going to use the $10,000 for a party. Police arrested him on a rarely used charge of failing to report a business transaction that exceeds $10,000.

But prosecutors said it's not a crime to carry that amount of cash, and dropped the case in August. By then police had already deposited Johnson's money into a department bank account.

"The whole arrest was bogus. It's awful," said attorney Varinia Van Ness, who represented Johnson.

After his arrest and while still in custody, Johnson signed a forfeiture form prepared by the Bradenton Police Department.

The "Contraband Forfeiture Agreement," which Bradenton police officials say they have used for years, states that a person signing it agrees to 11 items, including ownership of the property and a willingness to give it up.

By signing the form, the person also acknowledges that he does not have an attorney and agrees to waive the right to have a judge sign off on the confiscation.

Van Ness said Johnson has no memory of signing the paperwork. There are no witness signatures on the document, which a detective signed.

State law says a person is entitled to a hearing with a judge before authorities can take away property in a forfeiture case. The police document does not mention this.

Authorities must show in a sworn statement that property was either used to commit a crime or obtained through criminal activity. There is no such statement in this case.

Still, Bradenton police defend the policy, saying that nobody forced Johnson to sign the document.

Bradenton Police Chief Michael Radzilowski said some people would rather sign the papers -- skipping any chance to contest the forfeiture -- than spend the time and money necessary to fight for their property back.

"This is not the first time a person who has signed away their money who now wants it back," Radzilowski said. "A property owner can decide how they want to dispose of their property."