A midwestern city seems a to be a little greedy. The government is trying to keep in excess of $190,000.00 it seized after a traffic stop. As I understand it the money belonged to a couple of brothers who remodel homes.
It is hard to believe that anyone would drive around with that much money. But the way I understand it the money was the family’s life saving and they were taking it to their father so he could pay off his mortgage and retire to Mexico. The police officer who pulled them over confiscated the CASH. The city will try to keep the cash under what is called “Civil Forfeiture”. This is a procedure which lets police forces to take property where the legal standard is lower than criminal forfeiture.
Now here is the kicker. There was no traffic arrest made. No charges of any crime. Neither brother has a criminal record. A month later the brothers attorney filed a complaint that the city had no claim to the money. Eleven days later the city attorney appeared in front of the County Circuit Court Judge. The Judge asked what were the basis for the seizure. The City Attorney said, “We don’t know.” The Judge said, “This is America. Give it back.” He also ordered the city to return the money with one month’s interest and costs.
So what did the city do? Refused to abide by the court order and return the money. They say they are going to appeal the judges order. Claiming he overstepped his authority. The appellate Court rejected the appeal on “Technical Grounds. ” Whatever that means.
It seems that now the Department of Homeland Security/Immigrations and Customs Enforcement, has taken the money and claims the cash is subject to forfeiture under U.S. Codes dealing with drug transactions. Again I remind you NO arrests, No charges filed.
Is this just a case of government greed? Or what. I think no arrest, no charge, they get their money back.
That Is How I See It.