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The Use and Abuse of Civil Forfeiture

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Floridatexan

Floridatexan

http://www.newyorker.com/reporting/2013/08/12/130812fa_fact_stillman?currentPage=all

"On a bright Thursday afternoon in 2007, Jennifer Boatright, a waitress at a Houston bar-and-grill, drove with her two young sons and her boyfriend, Ron Henderson, on U.S. 59 toward Linden, Henderson’s home town, near the Texas-Louisiana border. They made the trip every April, at the first signs of spring, to walk the local wildflower trails and spend time with Henderson’s father. This year, they’d decided to buy a used car in Linden, which had plenty for sale, and so they bundled their cash savings in their car’s center console. Just after dusk, they passed a sign that read “Welcome to Tenaha: A little town with big Potential!”

They pulled into a mini-mart for snacks. When they returned to the highway ten minutes later, Boatright, a honey-blond “Texas redneck from Lubbock,” by her own reckoning, and Henderson, who is Latino, noticed something strange. The same police car that their eleven-year-old had admired in the mini-mart parking lot was trailing them. Near the city limits, a tall, bull-shouldered officer named Barry Washington pulled them over.

He asked if Henderson knew that he’d been driving in the left lane for more than half a mile without passing.

No, Henderson replied. He said he’d moved into the left lane so that the police car could make its way onto the highway.

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.)

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.

“Where are we?” Boatright remembers thinking. “Is this some kind of foreign country, where they’re selling people’s kids off?” Holding her sixteen-month-old on her hip, she broke down in tears.

Later, she learned that cash-for-freedom deals had become a point of pride for Tenaha, and that versions of the tactic were used across the country. “Be safe and keep up the good work,” the city marshal wrote to Washington, following a raft of complaints from out-of-town drivers who claimed that they had been stopped in Tenaha and stripped of cash, valuables, and, in at least one case, an infant child, without clear evidence of contraband.

Outraged by their experience in Tenaha, Jennifer Boatright and Ron Henderson helped to launch a class-action lawsuit challenging the abuse of a legal doctrine known as civil-asset forfeiture. “Have you looked it up?” Boatright asked me when I met her this spring at Houston’s H&H Saloon, where she runs Steak Night every Monday. She was standing at a mattress-size grill outside. “It’ll blow your mind.”..."

The Use and Abuse of Civil Forfeiture Traffic%20car%20stop

2seaoat



Tex,

I got to give you the other side of the coin. My daughter goes in next week with a guy who had 210k in his propane grill. They caught him at a hotel bagging drugs and bundling the money to wash it. The deputy got to excited, and did not call in the warrant for the hotel room after he saw drugs and money on the bed and busted in and started inventory without calling for a warrant, and the judge ruled on a motion in favor of the defense, and they could not get the money in the hotel room, but because of the drugs which were in plain sight they did get a warrant for his home, and found a small amount of drugs, but the 210k in the propane grill is now subject to a forfeiture.

Defense attorney is arguing it is the guys savings from work.....but after a request for production on pay stubs.....guess what no work......She is going nuts trying to beat the forfeiture, but the cartel money buys the lawyers which gets their money back, and the lawyers get a fat paycheck. Sometimes to break the beast, a forfeiture is the only way.....the pocketbook works. I will find out next week how this one went.

Guest


Guest

Very interesting story. I loathe driving through Texas. I would never carry any large amount of money anywhere. It's just not smart.

gulfbeachbandit

gulfbeachbandit

The glass pipe did them in. Only druggies have glass pipes. Cops did the right thing.

Nekochan

Nekochan

I think so, that the glass pipe did them in.
I don't agree with the state's tactics of giving people a choice to either be arrested or give up their money.  If there is grounds for an arrest--then make an arrest.  Otherwise, let them and their money go free.

2seaoat



I don't agree with the state's tactics of giving people a choice to either be arrested or give up their money. If there is grounds for an arrest--then make an arrest. Otherwise, let them and their money go free.


Agreed. Depending on how Texas shares forfeiture revenues, It can be very profitable for a small municipality to get this extra cash.

TEOTWAWKI

TEOTWAWKI

High way robbery

Nekochan

Nekochan

My question:  What if the couple in this article had said "No" to the DA?  What would have happened?

TEOTWAWKI

TEOTWAWKI

Nekochan wrote:My question:  What if the couple in this article had said "No" to the DA?  What would have happened?


I am sure they would have felt the full weight of the "legal" system which would have been dropped on them at all different points causing them to spend many many months and tons of money trying to make things right...I think bandits are more honest than these city cops in collusion with the DA and judges.

Nekochan

Nekochan

I would love to hear the results from people in this situation who said "NO"....

2seaoat



My question: What if the couple in this article had said "No" to the police? What would have happened?

A forfeiture proceeding is a civil proceeding. It runs parallel but independent of a criminal charge. The rules of civil procedure apply and there are different standards of proof. So, all the threats on the criminal would have been a low bond and they would have been released, but they could not use the money in their car, and would have had some family member post the bond. It would have been a misdemeanor charge. The threat to the children depends on Texas statute, but being charged with a misdemeanor for a pipe should not trigger the threat they made about their child.

The forfeiture would proceed like any other civil matter. There would be discovery where they would send interrogatories and requests for production to try to find a paper trail for the money. Smaller amounts of money usually get returned. The larger amounts in conjunction with a drug criminal charge, usually do not get returned. The Civil judge will make a ruling, and in my daughter's case the judge's like to see settlements between the parties. However, the SA office is consistently hard guys on forfeiture proceedings. These folks would have gotten their money back if there was a non corrupt judge.

Nekochan

Nekochan

They should have said "no". Actually, they should have probably said "no" to a search of the car.

The scare tactics used in a case like this...are just wrong.

2seaoat



They should have said "no". Actually, they should have probably said "no" to a search of the car.

The scare tactics used in a case like this...are just wrong.


The entire criminal justice system is on tilt. We have increased expenditures on the same over the last 25 years by 500%, and at some point this monster we created will turn on its citizens. The them and us mentality has filtered into every level of this system. I have seen this most obviously in small communities where the police turn on the children for otherwise minor infractions. You are seeing backlashes across the United States, but until we downsize the monster, it must be fed. Forfeiture abuse is just one more way to feed the beast. The video camera will be the citizens salvation.

TEOTWAWKI

TEOTWAWKI

2seaoat wrote:They should have said "no". Actually, they should have probably said "no" to a search of the car.

The scare tactics used in a case like this...are just wrong.


The entire criminal justice system is on tilt.   We have increased expenditures on the same over the last 25 years by 500%, and at some point this monster we created will turn on its citizens.  The them and us mentality has filtered into every level of this system.   I have seen this most obviously in small communities where the police turn on the children for otherwise minor infractions.   You are seeing backlashes across the United States, but until we downsize the monster, it must be fed.   Forfeiture abuse is just one more way to feed the beast.  The video camera will be the citizens salvation.

and why should it be any different for the CIA FBI DEA BATFE ?...IT"S MONEY ! that's why they blow up things and scream terrorists are everywhere oh and don't forget the TSA DHS ...we're broke and yet we have all these useless people milling around waiting to collect a fat pension.....

2seaoat



and why should it be any different for the CIA FBI DEA BATFE ?...IT"S MONEY ! that's why they blow up things and scream terrorists are everywhere oh and don't forget the TSA DHS ...we're broke and yet we have all these useless people milling around waiting to collect a fat pension.....


I heard on Bill Mahr Barney Franks saying we have to increase police. Joe Biden always is saying the same. The Democrats want to show they are strong on law and order. The Republicans who now represent the Oligarchy also want a police state to assure the transfer of wealth and no civil disobedience from those whose assets are being stolen. Until some politicians tell the truth and down size this monster, we will be faced with continued abuses.

Floridatexan

Floridatexan

Nekochan wrote:They should have said "no".  Actually, they should have probably said "no" to a search of the car.

The scare tactics used in a case like this...are just wrong.

Agreed...they never should have let the police search their car. Many people don't seem to realize they have that right.

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