Tenaha and Shelby County sued for alleged illegal seizures

[seamusTX]

Everything in this message is alleged, not proven. It's CNN. Consider the source. No other news report is available at this time.

A lawsuit has been filed against the town of Tenaha and Shelby County, Texas, alleging that police stopped motorists and confiscated cash with no probable cause of a crime being committed.

Most of the motorists were from out-of-town and out-of-state.

The plaintiffs in the lawsuit claim that they were stopped on pretexts such as driving 2 MPH over the limit and arrested. When they were found carrying large amounts of cash, they were given an opportunity to surrender the cash and avoid prosecution.

Authorities allegedly seized $3 million between 2006 and 2008 in about 150 cases in which no charges were filed.

http://www.cnn.com/2009/CRIME/05/05/tex ... pstoryview" onclick="window.open(this.href);return false;

I do not intend this message as cop-bashing. I have considered these civil forfeitures an outrage for a long time.

It is risky to carry a large amount of cash. It can be seized as "drug money," and the cost of recovering it can be greater than the amount in question.

- Jim

[AEA]

Well..........

Exactly what is the definition of "a large amount of cash" as determined by the authorities of Tenaha and Shelby County?

I know that the Feds consider anything over 10,000.00 while traveling by Air to/from other countries is considered "a large amount of cash" and must be declared.

With 150 cases netting 3 million, I am guessing most had over 10,000.00 in each case. Maybe some (or one) didn't?

Finally, how was the seized cash handled/recorded/stored and what was the final disposition of the seized cash. Anything illegal (under the table) there?

A good Attorney may get some good "practice" in this case.......

The new opinion of the SCOTUS concerning search of vehicles I guess will not come into play here since this was between 2006-2008. This brings up the question: are these authorities still doing this now?

[seamusTX]

With 150 cases netting 3 million, I am guessing most had over 10,000.00 in each case. Maybe some (or one) didn't?

That's a big hole that I didn't notice. Doing the math, it would be $20,000 per arrest.

Now I'm thinking that total seizures were $3,000,000, including real criminal offenses; and 150 of those cases were not prosecuted.

As I said, all of this has to be proven in court.

- Jim

[ELB]

I don't know if the specifics of this article are true or not, but forfeiture laws that allow a police agency or DA's office to keep the money from seized goods or cash, instead of going to a general till, are inherently corrupt. Heck, fines from speeding tickets -- and redlight cameras -- that do go to a general till seem awfully suspect at times... Applying the profit motive to government powers is very tricky. Farming out certain functions to private enterprise, when regular competition is available and exercised, can be a good thing, I think. This is not the case with fines and forfeitures -- it's not like if the service is bad you can take your speeding ticket elsewhere... And making a citizen who has charges dropped or wins an acquittal jump thru hoops to get his property back is just plain wrong.

elb

[Purplehood]

If there was no probable-cause, how did they even know there were large-amounts of cash in the vehicle in the first place?

Didn't that mean that they had to have conducted an illegal search of the vehicle to even become aware of the money?

Call me confused. Again.

[DoubleJ]

man, guess I'm not going stuff cash under my mattress (or in this case, wheel-well) any more....

[Oldgringo]

There may be a modicum of truth to this article as Highway 59 is purportedly a major drug pipeline up from the south. Stay tuned for late breaking news.

I met a guy....



EDITS to correct spelling

[seamusTX]

If there was no probable-cause, how did they even know there were large-amounts of cash in the vehicle in the first place?

Probably the police got the drivers' consent to search.

Most people will not refuse a request to search, especially in a highly asymmetrical situation in a small town in the middle of nowhere.

Police officers can also manufacture grounds for a search. The U.S. Supreme Court has now ruled that they can perform Terry checks of passengers in vehicles that have been stopped for traffic violations. Terry checks are supposed to be for weapons and things of a size that could be weapons, but other evidence turns up in these searches. I recall one case where they found drugs in a baby's diaper (that was on a real baby).

- Jim

[Liberty]

If there was no probable-cause, how did they even know there were large-amounts of cash in the vehicle in the first place?

Didn't that mean that they had to have conducted an illegal search of the vehicle to even become aware of the money?

Call me confused. Again.

Ahh smelled sum dope is often used for probable cause.

[tfrazier]

While the CNN article certainly makes it appear that Somali pirates have donned law enforcement uniforms and begun plying their trade in east Texas, I have yet to find another news report that doesn't claim this lone CNN report as it's source or simply plagiarize it. There are a few editorials and opinion pieces on some blogs, but that's it.

That makes me suspect that there's another side to the story and it ain't what they are trying to make it out to be.

The truth will out on this one...and soon.

[Oldgringo]

While the CNN article certainly makes it appear that Somali pirates have donned law enforcement uniforms and begun plying their trade in east Texas, I have yet to find another news report that doesn't claim this lone CNN report as it's source or simply plagiarize it. There are a few editorials and opinion pieces on some blogs, but that's it.

That makes me suspect that there's another side to the story and it ain't what they are trying to make it out to be.

The truth will out on this one...and soon.

Like I said earlier, I twice met this guy...a most interesting LEO type guy who is stationed in the, "Tenaha, Timpson, Bobo and Blair" area. That phrase, incidently was the theme of an old WWII railroad troop song.

Since CNN has opened the can...or someting, stay tuned. Like Mr. Frazier suggests, the truth will out.

[bryang]

Very interesting, indeed. I am looking forward to the truth coming out on this one.

-geo

[tfrazier]

The Google news alerts are trickling in.

Hmmm, are there a lot of "used car" dealerships out that way? Sure seems to be a trend of all these mistreated folk heading through there with tons of cash to buy "used cars"...and a few are just toting cash for gambling purposes in Lousiana...

I've been to those casinos a few times (please don't tell my mom), but I didn't take a lot of cash. They have banks and ATM machines, there, too. And while every once in a while someone might come back from the swamps with a huge win from the casinos, there isn't a constant flow of winners rolling back out of there. Believe it or not, the odds are in the house's favor and that's actually how they stay in business.

It's starting to look as if the local law enforcement decided to exploit a technical point in the law to put an end to a very large amount of "used car" trafficking. That may or may not be considered "fair play", but it's doubtful it was being done to rob some poor honest citizens who were out shopping for previously enjoyed vehicles.

A few cities along I-30, including my department, were very busy back in the early 90s in an inter-agency drug task force busting lots of "used car" dealers transporting their cash for "used cars" along the stretch of I-30 between Dallas and Mt. Pleasant. When nothing else would stick, the forfeiture [confiscation] exploit was used, and many bags and bricks of "used cars" were removed from the streets as a result.

Of course, everyone who got stopped with several thousand or more in cash said they were on their way to buy a "used car". After all, what other legitimate reason would someone need to tote that kind of bread around with them for?

I don't necessarily agree with this exploit, because the chance is good that once in a while you are going to nab someone who really, truly, is en route with a bundle of cash to buy a used car. But I also don't think these agencies were operating with nefarious intent to rob innocent families of their hard earned property.

Just my guesses and opinion from what I've seen so far. If it turns out there really is evil afoot by some dirty cops and prosecutors, I'll be the first to demand someone throw the book at 'em.

Well, gotta go. I see another story on a guy who got busted for distributing two kilos of "used car".

[seamusTX]

So is it a crime now to carry large amounts of cash?

Many people have reasons for not having a bank account. Not "good" reasons in the eyes of citizens who have never been in trouble, but practical reasons: lousy credit, liens, unpaid child support, that sort of thing.

Seizing cash because it may be used to buy drugs is no more reasonable than seizing the car because it might be used to run over someone.

- Jim

[tfrazier]

I don't disagree.

Like I said (but I was editing my post extensively, and you may not have seen that part when you responded, Jim), I don't necessarily agree with the method and furthermore find this exploit not very morally defensible, since there is no law against toting your own property around however you see fit.

I'm just saying that most of the folks who were supposedly "victimized" were probably not your average law abiding citizens.

The destruction of liberty and unfair punishment of the innocent is reprehensible even when done under misguided attempts at benevolence or intent to better society.

It really boils down to how many guilty offenders should you allow to go unpunished in order to prevent one innocent from being punished by mistake. You can't say as many as it takes to be one-hundred per cent sure, or you'll never prosecute anyone who wasn't caught on video tape and the prisons will have to be emptied of 99% of their current inhabitants.

On the other hand, perhaps there is way too much power in the hands of government and law enforcement, and the people have given too much of their own responsibility for their own defence and safety up to those entities...

(we need a little emoticon of a guy stirring a pot...)