• Tag Archives civil forfeiture
  • Veteran Loses Over $60,000 To Police, Despite Lack Of Criminal Charges

    Mark Brewer is a decorated Air Force veteran who fought in the global war on terror. But last month, he became a casualty in the drug war.

    In late March, the U.S. 8th Circuit Court of Appeals ruled that the federal government could take more than $60,000 of Brewer’s cash with civil forfeiture, even though he was never charged with a crime. The decision lets many Midwestern states continue to take property from people who have done nothing wrong.

    A former military police officer and weapons specialist, Brewer earned several medals during his service in the Air Force, before he was medically discharged in 2008. Brewer said he developed Posttraumatic Stress Disorder after a deployment in Afghanistan.

    In November 2011, Brewer was driving on Interstate 80 in Nebraska, when Douglas County Sheriff’s Deputy Dave Wintle pulled Brewer over for crossing traffic lanes without signaling. During the stop, Wintle performed a criminal background check, which “revealed no major violations.”

    After gaining Brewer’s consent, Wintle walked around the car with a canine unit; the dog alerted to the trunk. When he searched the trunk, Wintle found two backpacks that had a “strong odor of raw marijuana” and $63,530 in cash.

    Brewer said he was travelling to Los Angles to visit his uncle and planned to use the money as a down payment for a house. According to Brewer, he had been saving that cash during his military service and from disability payments. Wintle did not believe his story, so Brewer’s cash was seized and his car was towed.

    But deputies never found any drugs in the car. Nor did the government ever charge Brewer with a crime.

    Full article: http://www.forbes.co … forfeiture-nebraska/


  • Man Acquitted of Crime, Cops Still Take His Cash

    Iowa State troopers can keep more than $30,000 in cash taken during a traffic stop, even though the owner was found not guilty, the Iowa Court of Appeals ruled last week.

    In June 2012, Robert Pardee was riding in a car through Powesheik County, Iowa on I-80, when an Iowa State trooper pulled the driver over for a non-working taillight and tailgating. During the stop, state troopers found “a small amount of marijuana” and $33,100 in cash. Pardee was arrested and charged with possessing cannabis. In Iowa, first-time offenders can face up to six months in jail and/or $1,000 in fines.

    One year later, a district court found him not guilty. As the criminal case proceeded against Pardee, the state also filed a civil forfeiture case against his seized cash. Despite his acquittal, first the district court and then the Iowa Court of Appeals ordered Pardee to forfeit his cash to the state.

    Unlike criminal forfeiture, which does require a conviction to take the ill-gotten gains from criminals, civil forfeiture lets law enforcement seize and keep property from people without a criminal conviction, or even without filing charges.

    via Man Acquitted of Crime, Cops Still Take His Cash