I came upon this story by way of Reason. I’m no fan of the ACLU, mostly because they are very selective about which civil liberties they choose to defend, but I have to be cheering for them in this case, where a truck driver was forced to turn over $23,700 for no other reason than he had an amount of cash greater than $10,000. No drugs, no drug paraphernalia, no probable cause.
DEA agents told Prieto he would receive a notice of federal proceedings to permanently forfeit the money within 30 days and that to get it back, he’d have to prove it was his and did not come from illegal drug sales.
Wasn’t the whole issue of search and seizure addressed a while back? At least that’s what I remember from my learnin’ in public schools.
The lawsuit said Prieto does not like banks and customarily carries his savings as cash.
That’s great and all, but the fact is, he doesn’t have to explain it. According to the Houston Chronicle article, he was actually nice enough to tell the police that he had the money and give them permission to search his vehicle. He could just as easily refused to allow them to search without any probable cause. That’s what I would do.
“The government took Mr. Prieto’s money as surely as if he had been robbed on a street corner at night,” Simonson said. “In fact, being robbed might have been better. At least then the police would have treated him as the victim of a crime instead of as a perpetrator.”
The scary part is, I’ve transported over $10k in cash (obtained legally, btw) on at least two occasions. Good thing I didn’t have a break light out. I’ll definitely be watching my back if my dreams of winning a big poker tournament ever come to fruition. It would suck to have it confiscated before I was able to pay the outrageous taxes on my winnings.
The KNS reports that smoking will no longer be allowed inside the gates of Neyland Stadium. For a long while, it has been allowed in the concourse only.
This is the most limiting, err progressive, step forward for the University of Tennessee since it became a dry campus back in 19whenever. Based on the success of limiting alcohol on campus and inside the stadium, I’m sure this new ban on smoking will be a success as well.
Is this just a ploy by the athletic department to raise the value of the luxury boxes? As a result of the ban, those who watch the game from luxury boxes will now be forced to tote their Marlboros and Macanudos into the stadium on Friday afternoons along with their SoCo and cold beer.
The KNS reports that a sting ending at 6 am in the Magnolia area caught eleven “criminals”. Apparently ten women and one man were engaged in swapping services one party was willing to provide for money the other party was willing to pay.
Stay tuned to the KNS. I’m sure they’ll have a follow up story once the victims of these crimes are found and identified.
In (somewhat) related news, the former Highway Patrolman involved in the Barbie Cummings traffic stop is under further investigation for other traffic stops he made involving women. Not sure if they are looking for evidence of him disposing of drugs or receiving sexual favors from the women he has stopped. Based on the photo I saw of him, I’d say the former is more likely than the latter.
Again, they should let this die. Cummings herself says there was no exchange of services involved and he still gave her the ticket. The guy has already been fired, and I think that’s enough–not because of what he did, but because he was stupid enough to tell everybody about it. We should expect our Highway Patrolmen to be at least a tad bit brighter than former presidents.