Title: VICTORY! State Disbands Cops Who Robbed Innocent People’s Life Savings, Victims Reimbursed Source:
Free Thought Project/Des Moines Register URL Source:http://thefreethoughtproject.com/st ... t-victims/#IdvCEX3KgkggOGQu.99 Published:Dec 13, 2016 Author:Justin Gardner Post Date:2016-12-13 13:31:24 by Deckard Keywords:None Views:2154 Comments:13
One of the worst states engaging in civil asset forfeiture, better known as policing for profit, suffered a blow in its campaign to rob innocent people of their cash and assets. After withering criticism and a lawsuit it couldnt win, Iowas Drug Interdiction Team was disbanded on December 6.
The so-called interdiction units key focus was to stop vehicles traveling along Interstate Highway 80 suspected of being involved in drugs or other crimes. It was a part of the Iowa Department of Public Safety and had become a target in recent years from critics who alleged the team used unconstitutional practices to seize private property for law enforcement profits.
This special group of State Troopers used every trick in the book to engage in warrantless searches of peoples vehicles, after pulling them over for minor offenses like failure to use a turn signal. Using flimsy excuses such as a dirty car, the odor of air freshener, or fidgeting, the cops would ransack vehicles in hopes of finding any amount of suspected drugs or paraphernalia.
The cops would then make up suspicions about criminal activity and use Iowas broad civil asset forfeiture laws to seize cash, assets and vehicles of the occupants with no charge or proof of a crime. Even if no charges are filed or the person is found innocent, he or she must prove to a court they obtained their cash or property legally, incurring attorney and court fees.
Using these devious methods, Iowa law enforcement has raked in more than $55 million in cash since 1985 and 4,200 vehicles since 1991. Its entirely unknown how much the cops took in other valuables such as guns, jewelry, furniture and artwork, as no records are kept for those items.
The Des Moines Register began exposing Iowas egregious use of civil asset forfeiture after a 2013 incident. Two California gamblers were traveling through Iowa with $100,000 in cash, and were pulled over for allegedly not using a turn signal. Having a California license plate, this was a golden opportunity for the interdiction team.
The cops used alleged fidgeting and nervousness to justify their search, which found a small bit of cannabis. It didnt matter than both the men had California medical cannabis cards. After arguing the search was illegal, $90,000 was returned to the men, who filed a federal civil lawsuit in 2014 for damages, stating the troopers had no probable cause to detain the men for a search of their vehicle and that officers had been taught improper techniques for justifying the search.
Iowa settled the case by awarding the men an additional $60,000, on the same day it disbanded the Drug Interdiction Team.
The true importance of this lawsuit was that it forced the state of Iowa to re-examine its decades-long practice of pushing the constitutional boundaries of the states civil asset forfeiture law and to disband the Iowa Drug Interdiction Team, said Glen Downey, attorney for the gamblers.
Four days after the announcement that the interdiction team was disbanded, Iowas policing for profit was struck another blow. The states Supreme Court ruled that cops wrongly detained a driver in a case that will restrict the ability of state patrol troopers and deputies to do the type of warrantless vehicle searches using controversial civil forfeiture laws.
Fridays ruling came in the case of Robert Pardee, whos fighting to get back $33,100 that a trooper seized after stopping a vehicle he was riding in and finding a small amount of marijuana during a search. The trooper called for a drug dog and searched the vehicle, partly because he believed the car had a lived-in look that could indicate cross-country drug trafficking.
But Justice Edward Mansfield in his opinion for the majority dismissed that evidence as unremarkable and clearly not evidence of criminal activity.
There were water bottles, an energy drink, a metal coffee cup, chips and dip, apples and bananas, a trash bag with some trash, a sleeping bag draped on the rear seat and a guitar case, Mansfield wrote. Many vehicles are more lived-in than that.
Pardee, a California resident, was acquitted of the drug charge, but even after the court ruling in his favor, he still has to convince the Poweshiek County District Court to give him his money back.
The insidious nature of civil asset forfeiture is being exposed across the country. In the last two years, 18 states have reformed their forfeiture laws, in some cases requiring a criminal conviction to seize assets. With these two cases being highlighted and the disbanding of Iowas interdiction unit, that state may be joining the list soon.
Well, I guess it can be called a hallow victory in that someone won something by only deleting an agency name, but no one has gained anything by winning this hallow victory because nothing has changed.
The forfeiture law remains unchanged and officers on the team have been reassigned to general patrol duties, however the interdiction work that has already resulted in millions of dollars in cash seized from interstate motorists continues, officials acknowledge.
The decision to disband the forfeiture team is seen as an attempt to sidetrack any legislative reform and create cover in future court battles.
The Iowa State Patrols acknowledgement that so-called interdiction work continues, despite the forfeiture team being disbanded.
The Iowa agency has made no promise to end warrantless searches or to eliminate a controversial practice of stopping tens of thousands of vehicles primarily those with out- of-state plates for minor traffic infractions that can result in the confiscation of thousands of dollars in cash.
So, what did hondo say just yesterday about the fat lady singing?
That fat bitch cannot even start her vocal warm up exercise for this one
This special group of State Troopers used every trick in the book to engage in warrantless searches of peoples vehicles, after pulling them over for minor offenses like failure to use a turn signal. Using flimsy excuses such as a dirty car, the odor of air freshener, or fidgeting, the cops would ransack vehicles in hopes of finding any amount of suspected drugs or paraphernalia.
The cops would then make up suspicions about criminal activity and use Iowas broad civil asset forfeiture laws to seize cash, assets and vehicles of the occupants with no charge or proof of a crime. Even if no charges are filed or the person is found innocent, he or she must prove to a court they obtained their cash or property legally, incurring attorney and court fees.
That fact that you cheer those who steal from innocent citizens makes you a miserable POS police state enabler.
Truth is treason in the empire of lies. - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
Why would anyone care what a person who would murder a kid think.
I'd rather spit on him then care what he thinks.
Fair enough. As far as Gatlin, why should I show any respect for someone who posts articles from a communist/socialist website and then agrees with the article?
His past postings criticizing Oathkeepers and other patriotic groups have been extremely leftist and his support, allegiance and admiration for the SPLC shows a basic hatred for Constitutional principles.
Truth is treason in the empire of lies. - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.