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Jesus Martinez, 27, had $190,040 in his possession when his pickup truck was stopped by an Aurora police officer about 8:30 p.m. Oct. 18 near Indian Trail and Timberlake roads.
The police officer confiscated the cash, and the city has informed Martinez and his brother, Jose, 34, that Aurora will seek to keep it through civil forfeiture, a procedure that allows police agencies to seize property where the legal standard is lower than proof needed in a criminal forfeiture.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In the context of warrants, the Oxford Companion to American Law defines probable cause as "information sufficient to warrant a prudent person's belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant)". "Probable cause" is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction. Even hearsay can supply probable cause if it is from a reliable source or supported by other evidence, according to the Aguilar–Spinelli test.