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re: TPSO seizes $800K in cash

Posted on 5/28/15 at 9:29 am to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421731 posts
Posted on 5/28/15 at 9:29 am to
if the money was, say, marked bills, then it should be seized as evidence (in reality this works b/c the money would be the state's anyway)

but the government takes this and expands it to such a degree that they steal money they have no way to prove is criminal in nature

the worst are the federal cases where people have their bank accounts seized. there was a terrible USSC case from a couple years ago where they said that fedgov can completely freeze the money, denying the defendants the ability to get some out to pay for their own lawyer

so if you support this bullshite system of seizing money that can't be proven to be directly involved with criminal activity, you support that court case...and you're evil
Posted by Jimbeaux
Member since Sep 2003
20106 posts
Posted on 5/28/15 at 9:29 am to
It'll come out soon. It's not sealed, just not yet posted.
Posted by BayouBengal6884
Lafourche Parish
Member since Dec 2013
618 posts
Posted on 5/28/15 at 9:43 am to
quote:

The couple was charged with conspiracy to distribute cocaine.


where are you getting this?



He's making it up, or assuming this is what the charge may be but there is no evidence or proof of this.
Posted by Jimbeaux
Member since Sep 2003
20106 posts
Posted on 5/28/15 at 9:45 am to
Yep. I'm making it up. Totally.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 5/28/15 at 9:57 am to
Rapides Parish SO

quote:

Which agency, if you don't mind saying?

LSP or local yokel?
Posted by VetteGuy
Member since Feb 2008
28085 posts
Posted on 5/28/15 at 10:02 am to
quote:

Rapides Parish SO


Shocker.
Posted by The Dudes Rug
Member since Nov 2004
13860 posts
Posted on 5/28/15 at 7:22 pm to
Another retarded post. If there is no transmission from the cop's antenna, how can a radar detector detect? It detects by acknowledging radio signals produced when the cop's radar is activated. When it is not activated, there is nothing for the "passport 8500" to detect. It's just a chunk of metal and wires until it's activated and a signal is produced.

Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 5/28/15 at 7:40 pm to
quote:

$800k of unexplained cash


Why is this a crime to you to be carrying that much money?
Posted by tuptiger
Member since Jan 2008
4314 posts
Posted on 11/20/15 at 3:18 pm to
Bump

Whatever happened here?
Posted by bayouvette
Raceland
Member since Oct 2005
4715 posts
Posted on 11/20/15 at 3:33 pm to
quote:

Although it was likely drug money, that's screwed up.

He said no to a search, so they got the K9. The K9 hit on illegal narcotics, so they searched. No narcotics. The trainers can obviously make their K9 "hit" on anything


exactly. this is all they have to do to get consent or right full authority to search.
Posted by Black n Gold
Member since Feb 2009
15408 posts
Posted on 11/20/15 at 3:46 pm to
quote:

Whatever happened here?


Not sure, but I did see where the sherrifs office got several new Tahoes.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83927 posts
Posted on 11/20/15 at 3:49 pm to
Drug dogs lol
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83927 posts
Posted on 11/20/15 at 3:51 pm to
quote:

Why is this a crime to you to be carrying that much money?



When I worked in banking, if over 10k in cash crossed the counter to a customer in a day (whether at once or cumulative), you had to fill out a Currency Transaction Report. This report is given to the IRS. The customer retains a copy in case they are pulled over or questioned about the money. It's basically proof that the money came from a legitimate source.
Posted by NYNolaguy1
Member since May 2011
20870 posts
Posted on 11/20/15 at 3:52 pm to
quote:

Drug dogs lol



Almost like they are trained to find drugs on command.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83927 posts
Posted on 11/20/15 at 3:53 pm to
K-9's are a joke. They have amazing noses but they will "hit" on anything the officer wants them to.

We've caught officers doing it because we look at the tapes and we see what commands they give. It's usually a tap or something very subtle.
Posted by NYNolaguy1
Member since May 2011
20870 posts
Posted on 11/20/15 at 3:59 pm to
quote:

K-9's are a joke. They have amazing noses but they will "hit" on anything the officer wants them to.


There was a court case I read about where this one dog would alert on 90% of cars sniffed. They found drugs 55% of the time, and the courts ruled the searches legal because of probable cause, as in the majority of time they find something . The dog is probable cause on four legs.

Eta LINK

quote:

In U.S. v. Bentley, we see just how damaging the Harris decision really was. Lex, the drug dog that searched Bentley’s car, had a 93 percent alert rate. That is, when Lex was called to search a car, he alerted 93 percent of the time. He was basically a probable cause generator. His success rate was much lower, at 59 percent. That is, the police actually found drugs just six of the 10 times Lex told them they would. That means that four of every 10 people Lex alerted to were subjected to a thorough roadside search that produced nothing illegal


quote:

It gets worse. Even a dog that was well trained initially can be conditioned to pick up bad habits once it’s in the field. This is exactly what was happening with Lex. It turns out that Lex’s handler gives the dog a reward every time he alerts, regardless of whether that alert is accurate. Lex isn’t getting rewarded for filtering innocent motorists from guilty ones. He’s being trained to authorize a search, each and every time he’s called to duty.

The Seventh Circuit found all of this troubling, even conceding that the reward policy was “a terrible way to promote accurate detection.” And yet according to the three-judge panel that heard the case, none of this was enough to amount to a violation of the Fourth Amendment. 




This post was edited on 11/20/15 at 4:05 pm
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 11/20/15 at 4:00 pm to
quote:

the worst are the federal cases where people have their bank accounts seized. there was a terrible USSC case from a couple years ago where they said that fedgov can completely freeze the money, denying the defendants the ability to get some out to pay for their own lawyer


Actually, that's a current supreme court case which had oral argument less than a month ago.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83927 posts
Posted on 11/20/15 at 4:03 pm to
quote:

Actually, that's a current supreme court case which had oral argument less than a month ago.



And now the ethics committees in different states are on board.

A company was accused of money laundering and they paid the lawyers 500k. The federal government said that they couldn't use the money and ethics charges were filed. The ethics committee said that the lawyers should have conducted a thorough investigation in order to assure the money didn't come from illegal activity.

We are getting to the point where criminals will soon not be able to afford representation at all.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39857 posts
Posted on 11/20/15 at 4:04 pm to
While I am 10000% against civil asset forfeiture, if you all think this was a random "12 mph over" stop of a speeder you are wildly naive.

I'd bet the missing $400k (that was funny) there was an undercover operation behind this and TPSO just happened to be the lucky agency to be placed on I12 in time to get this particular truck.
Posted by ClientNumber9
Member since Feb 2009
9313 posts
Posted on 11/20/15 at 4:04 pm to
quote:

There was a court case I read about where this one dog would alert on 90% of cars sniffed. They found drugs 55% of the time, and the courts ruled the searches legal because of probable cause, as in the majority of time they find something . The dog is probable cause on four legs.


Then the issue is with the court system. I firmly believe dogs are scary accurate and a great indicator of hitting on what they're trained to hit on, at least the ones I've encountered that have received the extra training that others might not get. The problem is when a less than honest officer "interprets" a signal from the dog to be a hit.

I'm on the federal side up in the Northwest and I've noticed that many states are moving away from a K9 establishing PC. Montana and Washington state now both need more than a K9 hit for a search. Now they have two options:

1) Find a fed K9 handler to conduct a sniff for them, as for us a K9 hit still grants PC on the federal side.

2) Use the positive K9 hit as a reason to temporarily detain and seek a warrant. Most judges will write a search warrant for a positive K9 hit but at least that puts another layer between the local cop and getting to search anything just because he says so.
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