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Thu Mar 5, 2015, 08:33 AM

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.

http://www.forbes.com/sites/instituteforjustice/2015/03/04/man-acquitted-of-crime-cops-still-take-his-cash/

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Response to mfcorey1 (Original post)

Thu Mar 5, 2015, 08:35 AM

1. The drug war needs to go.

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Response to mfcorey1 (Original post)

Thu Mar 5, 2015, 08:38 AM

2. Yet executives at banks that launder drug money get bonuses.

 

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Response to mfcorey1 (Original post)

Thu Mar 5, 2015, 08:47 AM

3. I'm sure that they do this to rich people all the time.

Sure.

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Response to Orrex (Reply #3)

Thu Mar 5, 2015, 09:13 AM

4. A guy

carrying around $30,000 isn't a rich guy?

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Response to Bay Boy (Reply #4)

Thu Mar 5, 2015, 09:23 AM

5. No, not if he owes $28k to someone else, or if it is inventory money for a business,

 

Or if he is moving,...no $30k isn't much if it is all you have....rich guys keep their money in banks and use gold cards....

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Response to mfcorey1 (Original post)

Thu Mar 5, 2015, 09:32 AM

6. I don't believe this is unusual

I think the driver now needs to prove the money wasn't from an illegal source, which sounds wrong but what if the guy had illegal guns confiscated? would we expect him to have those returned?

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Response to Bay Boy (Reply #6)

Thu Mar 5, 2015, 09:50 AM

7. I have to disagree. The driver isn't obliged to prove anything.

 

The state should have to prove it WAS drug money.

Hey, if you're driving the interstate and get pulled over with your 1-year-old in a car seat in the back should you have to prove that it's your child?
Crazy.

Charging him with possession is all they have a right to do.
Confiscation sucks and it happens more and more ften, esp in the south!

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Response to Bay Boy (Reply #6)

Thu Mar 5, 2015, 10:09 AM

8. Weirdly framed question. Yes, the burden of proof should be on the state to prove

the weapons are illegal and failing that the property should be returned.

Using fear/hate of guns to support these gross forfeitures in order to maintain some logical consistency is dangerously sick, I don't see how it is difficult to see how this is already out of hand. People are losing everything and it provides some terrible and perverse incentives for police, prosecutor, and judicial abuse.

To defend stealing people's property even after they are determined by the courts to be not guilty is way past fucked up.

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Response to mfcorey1 (Original post)

Thu Mar 5, 2015, 11:03 AM

9. The forfeiture laws are just one more blatantly unconstitutional thing that adds

a few inches of depth to the SLIME we have to wade through.

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