Arkansas allowed to take $20,000 from innocent man on a technicality

[ABX]

Civil Asset Forefeiture is probably one of the biggest legal crimes out there.

The Institute for Justice has taken note of the case of Guillermo Espinoza, stopped by the State Police in July 2013 in Hot Spring County. A drug dog alerted to a computer bag in which $19,894 was found and seized as contraband.

He was never charged with a crime and the state even dropped its effort to seize the money. But a trial judge wouldn't go along. And the Arkansas Court of Appeals last week refused the appeal to return the cash.

Prosecutors in Hot Spring County never charged Espinoza with a crime, but filed a complaint to forfeit the cash. Espinoza objected to what he called an unlawful search and also presented evidence of paychecks and tax returns to prove the money was lawful earnings, not drug money.....

http://www.arktimes.com/ArkansasBlog/archives/2016/05/11/arkansas-allowed-to-take-20000-from-innocent-man-on-a-technicality

[ABX]

This happened to a young man in the town next to us. He was right out of high school and he was taking he was taking his savings and the money his grandfather gave him (about $15K total) to buy some used cars at the auto auction in Shreveport, LA so he could start a car lot.

He was pulled over and of course, an 18 year old in a 'hoopty car' was suspicious enough to get searched and with that much cash, it was seized. He had to spend about $4K of his own money on lawyers to prove the $15K was his even though he didn't even receive a ticket, it was just suspicious based on the police officer's opinion.

[the_doc]

He was pulled over and of course, an 18 year old in a 'hoopty car' was suspicious enough to get searched and with that much cash, it was seized. He had to spend about $4K of his own money on lawyers to prove the $15K was his even though he didn't even receive a ticket, it was just suspicious based on the police officer's opinion.

What I would like to know is why this kind of flagrantly unconstitutional crap has been tolerated for YEARS.

[Bill Cipher]

What I would like to know is why this kind of flagrantly unconstitutional crap has been tolerated for YEARS.

good question

[ABX]

What I would like to know is why this kind of flagrantly unconstitutional crap has been tolerated for YEARS.

Because politicians on both sides have sided with the police who support Civil Asset Forfeiture as a major means of funding departments. It has been run up to several State Supreme Courts on several occasions and generally they always side with law enforcement.

No one is really standing against it and if they do, they are painted as anti-cop/pro-criminal.