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Thursday, February 09, 2017

Should Police Be Allowed to Keep Property Without a Criminal Conviction?

When Sean Devonish and Jeremy Keets, two friends from Indianapolis, set out for a weekend trip to Cincinnati in 2013, they anticipated a few relaxing days out of town. Instead, they wound up having to hand over $16,500 in cash to officers from the Hamilton County Regional Narcotics Unit — without ever being charged with a crime.

The two men were pulled over on Interstate 74 for a lane violation and consented to a search of their vehicle, which is when the officers discovered the $16,500 — money that was intended for gambling at the casino and shopping in the city, according to their attorneys.

Hamilton County is a hotbed of interstate drug activity, and the Regional Narcotics Unitmakes regular drug busts along the highways heading into and out of Cincinnati. In this case, however, officers seized the money based on the mere suspicion — without evidence — that it was tied to criminal activity. After county prosecutors proceeded with a civil forfeiture case, a county judge determined the money had no connection to a crime. The $16,500 was returned to Devonish and Keets, but only after two years of court battles and several thousand dollars in attorneys’ fees.

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11 comments:

  1. This should already be unconstitutional as I understand it...

    It also causes an increase in distrust of the Law Enforcement and Judicial systems wherever it is employed.

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  2. You all have to be at the traffic stop and listen to the knuckle heads story's for the reason why they have the 20k or 200k or 1 million. Usually sounds like a 8 year old trying to tell a story about dragons and trolls... 95 percent of smugglers never have a legitimate reason sometimes denying the knowledge of it...obama wanted heroin dealers to keep the paid off houses, cars and boats. He leaned on judges and state prosecutors. So police stop seizing. The money often bought cruises and gear. Instead they raise taxes and by the gear. Like all the cameras that BLM no longer want the police to have.

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  3. If you have property siezed and win the case to get it back, the cops who took it should be charged with theft! That would stop a lot of this. And you should be able to pick what you want that they have and sieze it! Turn about is fair play......

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  4. Now "highway robbery" is committed by the police in this country, just like in Mexico. Why do you think all the police organizations are so vehemently anti-legalization? If they find any money in a vehicle, related to a crime (or not), they will take it. They are currently allowed to get the money that they confiscate for their own department. The police have the most to lose if marijuana is legalized, and our country has the most to gain in not having to use police, court, and jail resources for drug violations for marijuana. Not only that, but there will be an enormous increase in revenue for the government from taxation of the product, as all the rest of the states that have legalized it have realized. This confiscation of property should be addressed by the SCOTUS as a 4th amendment violation.

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  5. It amazes me how stupid people can be , Carrying $16,000 in cash ? Sounds a little fishy to me . Would carry that much money around ? I didn't think so .
    Any and all gambling places recognize credit cards and line of credit , I'm glad they stopped the two criminals , their defense was stupid . I wish I had known they had that much cash on them , gone with the wind , a drug dealer is easy pickins.

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  6. I wonder how many seizure "victims" walk away from the seizure and no charges made without looking back.

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  7. This is insane but true. Cops do this all the time. A local cop told me that if he stops someone with 10,000 or more that he will confiscate it. How can this even be possible if no crime is committed. A person has the right to carry money if he wants to even if some think it's stupid. It certainly is not illegal and for the state to keep it is a crime committed by the state and there should be consequences.

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  8. 8:33 The 4th Amendment already covers it. Like so many things lawmakers and law enforcement just ignore the Constitution.

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  9. do away with cash, problem solved! lol! it's coming!

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  10. 1:03 have you ever heard of George Orwell?

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  11. People have the right to carry what they want. Expecially working people. I am old school and id rather carry 10,000 then trust it in the bank. Its income tax season so i ll be carry about 10,000. God forbid i got stopped before i went to pay land tax, home and car owner insurance and bills... it sounds reasonable. Gamblers gamble big. People win big money leaving casinos. Hate to think an innocent persons money is confiscated and kept for God knows how long out of unwarranted suspicion.

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