re: TPSO seizes $800K in cash

quote:

---

And that's the big picture here. Federal agencies know of the traffic and they enlist the local authorities to make the stop. The feds never want their presence shown. It's a win-win for the agencies. The feds get to sit back and cast a wide net and the local agencies get all the credit.

---

Maybe the most accurate post I've read on TD in a long while.

Has there been a bigger fraud perpetrated on a group of people than the whole: "America is the Land Of the Free" bullshite?

quote:

---

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 posted this above as an ETA, but its relevant to what you're saying...

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. 

---

In other words, over time K9's just want to make their masters happy, not necessarily find drugs. So for every "hit", even unsuccessful, he got a treat.

quote:

---

What I don't understand is how they had a conversation to begin with. When I get pulled over I don't say anything just write my ticket. The few times they tried to pry I was like I'm heading to so and so for personal reasons. Usually I just keep quiet.

---

Because they knew the money was in the truck.

quote:

---

Are you LEO or do you see it as a private citizen?

---

I'm an attorney.

quote:

---

To be honest, we discuss this in my office quite a bit- whether or not the seizures should be thrown out by the courts. I know the money is being used/gained from criminal proceeds but I still think it's gained unethically. But until the courts determine otherwise, law enforcement is going to keep doing this.

---

Well, the feds know because they have informants. That's why you see these guys get busted for a shite ton of drugs and their bond is set at like 10k. The feds want the bond low so the guys can make bail and be out before the word hits the street and they are tainted.

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.

---

This may happen on the local/state side- I don't know why they would ruin a tool that costs several thousands of dollars to train- but I haven't seen this with either my agency or others I've worked with. Treats are given out for successful discovery of contraband and dogs are treated as a tool. They are taken care of, naturally, but the guidance on how and when and who even gets to touch them is pretty strict.

What if you're on the way to the bank?

quote:

---

What if you're on the way to the bank?

---

I've heard horror stories about civil forfeiture. Just pray you don't get stopped along the way.

quote:

---

I know the money is being used/gained from criminal proceeds but I still think it's gained unethically. But until the courts determine otherwise, law enforcement is going to keep doing this.

---

2 things

1)I don't think the fix will come from the courts, there's already a ton of precedence on this, and the citizens have lost every time. If the citizens lose again at Luis, private representation in court may very well be dead.

Which leads me to

2)But I do think the fix will come from the legislature, which has been getting heat about this from across the country, from New Mexico to Oklahoma to Ohio. But there's always massive pushback from LEO because they don't want to lose the funding. Of course it's phrased as "we are losing a valuable tool in the fight against crime ...". Meanwhile you hear stories about parents getting their houses seized because little Johhny sold $40 worth of drugs out of it.

Why not just tell your legislator you need more money and give up this unethical fight?

Yeah, don't think the 5th Circuit is going to help you with any favorable judgments any time soon.