We have previously discussed how police are increasingly doing drug stops on pretextual grounds and seizing any money that a driver cannot explain to their satisfaction. It is called “policing for profit” and departments are able to keep much of seized money in these stops. The federal government is being forced to return over $1 million to Tara Mishra, 33, of California, who was taking her life savings as a stripper to buy her own business. That was before it was seized by Nebraska state troopers who declared that it must be drug proceeds. Even though no drugs were found and there was no basis for concluding the cash was from drug proceeds, the matter became a federal case and the Obama Administration fought her to deny her even a hearing for demanding the money back. Now U.S. District Judge Joseph Bataillon has ordered them to give back the money. However, this is not considered theft because police officers took the money at a traffic stop. The case is United States of America v. $1,074,900.00 in United States Currency, 2013 U.S. Dist. LEXIS 11544 (D. Neb. 2013).
Mishra has been a stripper since 18 and wanted to make something better for her life. She gave the money to friends Rajesh and Marina Dheri, of Montville, N.J., to buy a nightclub with them in New Jersey — a business that she would own half of. The Dheris were in a rental car when Nebraska State Patrol Trooper Ryan Hayes pulled them over for speeding. This is an easy pretext for stops since most people travel above the speed limit on highways. As is often the case, the stop turned into a drug search and the officers asked if they could search the car. The couple consent and they found the money.
The camera system inside Trooper Hayes’ cruiser captured the Dheris’ converation as Trooper Hayes searched the vehicle. Id. ¶ 13. Mrs. Dheri asked Mr. Dheri, “What are you saying it is? Am I going to say I knew what it was or not?” Id. Mr. Dheri responded, “He asked me if there was money in the car and I said no.” Id. Mrs. Dheri later stated, “He’s going to ask you-you answer. It is not ours, it is our friends’.” Id. The Dheris also discussed the total amount of the money and stated the money was “about a million.” Id.
Trooper Hayes discovered three pieces of luggage in the vehicle’s rear cargo area. Id. ¶ 10. There were two duffel bags and one backpack. Id. In one duffel bag, there were several dryer sheets in the bottom of the bag and a drawstring bag that held three, large Ziplock baggies, each of which contained several rubber-banded bundles of money. Id. The second duffel bag contained empty Ziplock baggies and a drawstring bag that held several rubber-banded bundles of money. Id.
No drugs were found. However, a dog found traces of drugs on the money — and extremely common fact about currency in our society. A study in England founds that, like the United States, paper currency is saturated with drug residue and it is not simply money from drug areas or transactions.
I can understand the suspicion of the officer but I am confused why the Justice Department litigated the matter for years when there appears no connection to drug transactions.
The Justice Department continued to insist that it could keep the money but the court ruled “The government failed to show a substantial connection between drugs and the money” and added that “The court finds the Mishras’ story is credible.”
Bataillon ordered that Mishra receive cash or a check in the value of $1,074,000 with interest.
I am unclear of why the Justice Department gets away with dragging on such litigation without a factual basis for the allegation of a drug transaction. They put this woman through years of litigation and, even under the exceptionally generous rules and standards for seizure, could not make a case for treating the money as drug money.
Source:
Theft. Plain and simple
I am proud of that Judge telling the officers to give the money back to that woman. Police are thieves. They are legalized thieves engaging in thievery Jesus drove people like that out of the temple.
I am proud of that Judge telling the offices to give the money back to that woman. Police are thieves. They are legalized thieves engaging in thievery Jesus drove people like that out of the temple.
This type of abuse by law enforcement is not rare. It happens in state and federal jurisdictions all the time. Many clients cannot afford counsel to contest these seizures and they go unchallenged. Kudos to the good judge!
“As is often the case, the stop turned into a drug search . . . .”
End the war on drugs. Begin the restoration of civil liberties.
There is no “right” civil forfeiture. It is stealing by state sanction, consistent with their “American values.”
As much as we deal with cases like this I would think that I’d become inured to emotionalism about this type of abuse. As I write this though it is with a sick chill throughout my body and a rising rage controlled at my throat. Damn it all!
This type of thing has become so common in this country with its phony “War on Drugs”, its preposterous “War on Terrorism” and the calm greeting lo those many years ago to the odious RICO Laws. All of these outrages were sold to the public as a way to punish “evildoers”, but in truth what they have managed to do is add to the destruction of our civil liberties and to the corruption of many of our law enforcement personnel. The proof is in the fact that those Banks that led to the economic disaster that this country is in were able to settle criminal cases with minor fines and the executive perpetrators kept their jobs and their perks. The truth is that the chimeric “organized crime” was always small potatoes compared to the organized looting of ourselves and our government by certain “legitimate” corporations.
Leona Hemsley went to jail because of her big mouth and for relatively minor offenses. Martha Stewart went to jail because it amused the powers that be. Robert Downey Jr. was persecuted for essentially crimes against himself. Bernie Madoff, however, had the temerity to rip off the “big boys” and so had to be destroyed. However, William Simon lives in luxurious retirement. Jamie Dimon remains at the head of his bank. Michael Milliken got two years, retained 500 $million and is now know as a philanthropist. Alan Greenspan now admits his mistakes and the beat goes on.
As Leonard Cohen sings:
Everybody knows that the dice are loaded
Everybody rolls with their fingers crossed
Everybody knows that the war is over
Everybody knows the good guys lost
Everybody knows the fight was fixed
The poor stay poor, the rich get rich
That’s how it goes
Everybody knows
Everybody knows that the boat is leaking
Everybody knows that the captain lied
Everybody got this broken feeling
Like their father or their dog just died
Everybody talking to their pockets
Everybody wants a box of chocolates
And a long stem rose
Everybody knows
Thanks for your attention, I had to get it out and I feel better now.
nick spinelli, I’d demand bigger bills than $100, but it’s hard enough finding somebody to take my $100 at this point, so what purpose would it really serve in the end?
(I saw a place that won’t even take 20’s the other day – what has the country come to?)
If the opCay takes money without probable cause then fails to secure a warrant and then fails to get any criminal proceeding instituted is liable for violating the owner’s civil rights. There is an annotation under 42 United States Code Sec 1983 and I am going to look it up on this computer on WestlawDog and find it. I might report back with any Alert that I come up with.
And, what everyone has said about the travesty of civil forfeitures. Some are righteous. Too many are not.
Too bad Justagirlinseattle isn’t here any longer. We know how she would view this decision.
Good decision. I worked a case involving strippers. An insurance company for whom I did work specialized in writing insurance for bars, including titty bars. I enjoyed the interviews but they were often difficult cases to work on for the defense. In my interview of one stripper we were trying to put into context when different incidents occurred. This was a stripper who had been a big timer. However, this woman was in the twilight of her career. She was in her mid 30’s and was preparing for another career. Being a longtime pro, Princess Leai[her real name was Polish], had a pocket calendar she used for work. On the calendar the Princess had cryptic notes of remarks about every night she worked, including the night in question. For every night she worked were numbers, 420, 580, 745, etc. I asked her what they signified. She said, “That was my tip money that night.”
The drugs on the money should not be a surprise to anyone, as Mr. Turley stated. The government HATES cash. That’s why I love it. They treat cash like it is contraband even though it is issued by them. Use cash. Demand larger bills than $100. It bugs the shit out of our government.
According to Ilya Somin, “it took over 15 months for Mishra to get her money back”.
There are two aspects to this that favor govt and therefore make it tough to battle. The locals and feds gain from the big money that’s available to fund their slush funds, and the fed govt loves the side effect of nobody wanting to do business in cash, as that makes it easier for them to be able to track everything. And we know the voracious beast needs it’s feeding.
This forfeiture racket is one of the biggest outrages going these days. (Of course the list is much too long, so it’s a tough choice). One of these days, maybe, we’ll take back our country by forcing a return to the constitution’s limits on the fed govt.
In the meantime, at least we need to force our legislators to rid us of this terrible law that allows them to steal property & money without convicting the owners of a serious crime first. And getting rid of the corrupting drug war would be a good step too.
Reblogged this on euzicasa.
Kudos to the this judge for doing the right thing. I would have fined the Justice Department for the unlawful taking. The idea of police confiscating personal property when a crime is just alleged, is abhorrent.
Whoa, she got PAID for her stripping. A LOT of money.
Between stories like this and the one about the bank and the dairy farmers, you just simply can’t have money in this country… They’ll take it from your bank or they’ll take it from your pocket if it’s cash.
I have a friend that worked for a police department. He was the designated forfeiture officer. After 2 years and 10 years on the force, he resigned. There was a big article in the paper why he resigned. The business forfeiture is legalized stealing…. The departments policy was once they got the money, they had no intention of giving it back. One thing I recall is tha a well to do family had a cris craft cigarette boat seized… There were drugs found on it….. A prosecutor bought it for $100.00….. That was over the line according to the designated officer….
In this case, the right result and it took too long….
In some jurisdictions, local law enforcement will seize vehicles and airplanes, and refuse to return them when the investigation shows the owner and/or operator was cleared of charges. Several years ago, a businessman landed at a Florida airport in his very expensive brand new twin engine airplane. He was detained, and the airplane was searched for drugs. The sheriff’s department declared the plane seized, but when the business man went back out to pick up the plane, they would not let him have it. He was told that once property is seized, it stays seized, even if no crime has been committed. Last I heard, the county never returned his million dollar airplane, and of course, insurance won’t cover seizures. I understand that is common practice in some areas, and they seem to get away with it.
Maybe some of us could start seizing the personal property of some of the big banksters as ill gotten gains. Obviously it would not be stealing because no one is ever prosecuted for taking millions without so much as a receipt. 🙄
The War On Drugs claims another victim. She’s lucky it wasn’t before they reformed the law, in that case she would have to prove it wasn’t drug money, which is impossible…no one can ‘prove’ a negative.
At least now the cops are SUPPOSED to prove that it was drug money in order to confiscate it.
And yet again this law was passed by telling people that it was going to be used against drug dealers to get the profit out of dealing.
And as usual it was used against ANYONE!
Same as these “terrorist” laws….
ANY law will be used against ANYONE, regardless of what they claim.