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In general, you needn’t be found guilty to have your assets claimed by law enforcement; in some states, suspicion on a par with “probable cause” is sufficient. Nor must you be charged with a crime, or even be accused of one. Unlike criminal forfeiture, which requires that a person be convicted of an offense before his or her property is confiscated, civil forfeiture amounts to a lawsuit filed directly against a possession, regardless of its owner’s guilt or innocence.
Were there any drugs in the car? When Henderson and Boatright said no, the officer asked if he and his partner could search the car.
The officers found the couple’s cash and a marbled-glass pipe that Boatright said was a gift for her sister-in-law, and escorted them across town to the police station. In a corner there, two tables were heaped with jewelry, DVD players, cell phones, and the like. According to the police report, Boatright and Henderson fit the profile of drug couriers: they were driving from Houston, “a known point for distribution of illegal narcotics,” to Linden, “a known place to receive illegal narcotics.” The report describes their children as possible decoys, meant to distract police as the couple breezed down the road, smoking marijuana. (None was found in the car, although Washington claimed to have smelled it.)
You can keep your kids just give us the money....If the kids were in danger....and could be taken by CPS because the parents were true dirt bags then money should not matter...Ransom pure and simple IMO.
The county’s district attorney, a fifty-seven-year-old woman with feathered Charlie’s Angels hair named Lynda K. Russell, arrived an hour later. Russell, who moonlighted locally as a country singer, told Henderson and Boatright that they had two options. They could face felony charges for “money laundering” and “child endangerment,” in which case they would go to jail and their children would be handed over to foster care. Or they could sign over their cash to the city of Tenaha, and get back on the road. “No criminal charges shall be filed,” a waiver she drafted read, “and our children shall not be turned over to CPS,” or Child Protective Services.
Guillory recalls. In August, 2007, Tenaha police pulled Morrow over for “driving too close to the white line,” and took thirty-nine hundred dollars from him. Morrow told Guillory that he was on his way to get dental work done at a Houston mall. (The arresting officers said that his “stories of travel” were inconsistent, as was his account of how much money he had; they also said they detected the “odor of burned marijuana,” although no contraband was found in the car.) Morrow, who is black, was taken to jail, where he pleaded with authorities to call his bank to see proof of his recent cash withdrawal. They declined.
“They impounded my car, and they impounded me, too,” Morrow told me, recalling the night he spent in jail. When he finally agreed to sign away his property, he was released on the side of the road with no money, no vehicle, and no phone. “I had to go to Wal-Mart and borrow someone’s phone to call my mama,” he recounted. “She had to take out a rental car to come pick me up.” For weeks, Morrow said he felt “crippled,” unsure of what to do. He says that a Tenaha officer told him, “Don’t even bother getting a lawyer. The money always stays here.” But finally he decided “to shine a big ol’ light on them.”
Whether this should be the law—whether, in the absence of a judicial finding of guilt, the state should be able to take possession of your property—has been debated since before American independence. In the Colonial period, the English Crown issued “writs of assistance” that permitted customs officials to enter homes or vessels and seize whatever they deemed contraband. As the legal scholars Eric Blumenson and Eva Nilsen have noted, these writs were “among the key grievances that triggered the American Revolution.” The new nation’s Bill of Rights would expressly forbid “unreasonable searches and seizures” and promise that no one would be deprived of “life, liberty, or property, without due process.” Nonetheless, Congress soon authorized the use of civil-forfeiture actions against pirates and smugglers. It was easier to prosecute a vessel and seize its cargo than to try to prosecute its owner, who might be an ocean away. In the ensuing decades, the practice fell into disuse and, aside from a few brief revivals, remained mostly dormant for the next two centuries.
Victor Ramos Guzman, a Pentecostal Church secretary from El Salvador, who lives in the U.S. under temporary protected status, is typical in all these respects. A year and a half ago, he and his brother-in-law were driving along Interstate 95 near Emporia, Virginia, en route, documents show, to buy a parcel of land for their church. When a state trooper pulled them over for speeding, Guzman and his brother-in-law disclosed that they were carrying twenty-eight thousand five hundred dollars in parishioners’ donations. Although the trooper found no contraband, he seized the cash. By reporting the case to Immigration and Customs Enforcement (Guzman was in the country legally, but he spoke little English), the state police could gain up to eighty per cent of the seizure through the federal Equitable Sharing program.
Revenue gains were staggering. At the Justice Department, proceeds from forfeiture soared from twenty-seven million dollars in 1985 to five hundred and fifty-six million in 1993. (Last year, the department took in nearly $4.2 billion in forfeitures, a record.)
Originally posted by stirling
If the ever was a time for revolutionary change in the way the system gets to rip off the people, it is NOW!
The police are nothing but an occupying force of the government.
They are there to protect the corruption, not end it.
Originally posted by HanzHenry
B A D G E S are R E D C O A T S !!
when will people understand? EVERY SINGLE THING THE REDCOATS DID, COPS DO!
our ancestors KNEW THIS!! and WE (most sheeple) still BLINDLY obey and RESPECT them.. ffs!!
1. Profiting and Perpetuating a FOR PROFIT prison system
2. Throwing people out of homes at gunpoint for the bankster elite!
3. Shooting People in the BACK !! NOTHING .... NOTHING more cowardly..ooops
4. actually there is evidence FILMED and uploaded DAILY that SHOWS COPS ARE COWARDS:
--- punching unarmed women in the face
--- hitting KIDS in the FACE
--- Beating and KILLING PENSIONERS!
--- enforcing and PROFITING from bogus ticket REVENUW campaigns
Originally posted by evc1shop
Not saying that there isn't a lot of corruption going on but I just have to ask why there seems to be so much cash going through there. I would have thought people, like Mr Morrow on his way to get some dental work done, would get a cashier's check from their bank if they were withdrawing that much. Cash, when lost or stolen is not replaceable while most money instruments can at least have a stop and re-issue put on them for a small fee as long as you have the receipt for it and fill out the proper forms. Even the USPS sells them fairly cheaply.
USPS Money Orders
I am always amazed by the number of folks who have lost thousands while "travelling". A little more money smarts could save a lot of headache, unless of course, these people were lying to the police.
Originally posted by evc1shop
Not saying that there isn't a lot of corruption going on but I just have to ask why there seems to be so much cash going through there. I would have thought people, like Mr Morrow on his way to get some dental work done, would get a cashier's check from their bank if they were withdrawing that much. Cash, when lost or stolen is not replaceable while most money instruments can at least have a stop and re-issue put on them for a small fee as long as you have the receipt for it and fill out the proper forms. Even the USPS sells them fairly cheaply.
USPS Money Orders
I am always amazed by the number of folks who have lost thousands while "travelling". A little more money smarts could save a lot of headache, unless of course, these people were lying to the police.
Originally posted by evc1shop
Not saying that there isn't a lot of corruption going on but I just have to ask why there seems to be so much cash going through there. I would have thought people, like Mr Morrow on his way to get some dental work done, would get a cashier's check from their bank if they were withdrawing that much. Cash, when lost or stolen is not replaceable while most money instruments can at least have a stop and re-issue put on them for a small fee as long as you have the receipt for it and fill out the proper forms. Even the USPS sells them fairly cheaply.
USPS Money Orders
I am always amazed by the number of folks who have lost thousands while "travelling". A little more money smarts could save a lot of headache, unless of course, these people were lying to the police.