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Texas Motorist Wins $77,500 After Traffic Cops Steal Cash
the Newspaper ^ | 07/23/2014 | n/a

Posted on 07/23/2014 9:10:13 AM PDT by Ken H

Estelline, Texas settles with innocent, elderly motorist who had her cash seized during a traffic stop.

Police in Estelline, Texas are sorry they ever pulled over Laura Dutton. The 64- year-old woman was stopped on November 28, 2012 as she was returning from a trip to Amarillo on US Highway 287. Police Officer Jayson Fry, the city's lone officer, was manning a speed trap a few feet away from the sign marking the speed limit drop when she passed through Estelline.

Officer Fry says she was doing 61 MPH in a 50 MPH zone. He pulled her over, issued a ticket and asked if he could search her truck. She refused.

Officer Fry said he "smelled marijuana" so a drug dog was called in, and when the K-9 arrived thirty minutes later, it alerted. Dutton had no drugs, but she was carrying $31,000 in cash, the bills wrapped up as they had come fresh from the bank. She had recently earned the sum from the sale of 12.9 acres of land in Van Zandt County.

Despite the explanation, Officer Fry grabbed the cash and arrested Dutton, who had no criminal record of any kind, for "money laundering." Officer Fry handed the money over to Estelline City Manager Richard Ferguson.

Two months after the money had been taken from her, the charges were finally dropped and $29,640 returned to Dutton. In addition to the $1400 stolen from her by the city, Dutton was out $1050 in fees she had to pay to get out of jail the day after her arrest. She was never reimbursed for the travel expenses she incurred to get her money back.

Dutton decided to fight with a federal lawsuit challenging the city of Estelline for setting up a government almost entirely funded by speed traps. In 2012, speeding tickets generated 90 percent of the municipal budget. She argued that the marching orders for its officer was "go out there and get me some money" through the use of seizures.

When Dutton complained about the stolen money, the city did not investigate and all video tapes related to the arrest and the deposit of the money were "not saved." US District Judge Mary Lou Robinson reviewed the evidence and last month denied Officer Fry's assertion of immunity. She prepared the case to go to trial.

"There is sufficient evidence in this record for a jury to return a verdict in plaintiff's favor on her unconstitutionally prolonged detention/wrongful arrest/wrongful seizure claim," Judge Robinson wrote. "No reasonable officer would have arrested a suspect solely because his drug dog, certified or not, hit upon drug odors or drug residue on circulated cash."

Realizing there was no chance of surviving before a jury, Officer Fry's lawyers decided to settle the case last week for $77,500.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: donutwatch
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To: TexasCajun

Yep...not the ‘attractive nuisance’ some claim, huh? :o)


21 posted on 07/23/2014 9:20:59 AM PDT by Gaffer
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To: Billthedrill

A page out of the Lois Lerner playbook....


22 posted on 07/23/2014 9:21:35 AM PDT by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: Bubba Ho-Tep

Same here. Its like the rest of the south, corrupt and happy about it. Only a people willing to be slaves would tolerate (and vote for) it. Southerns think the north is awful but they need only look to themselves and clean house before pointing fingers.


23 posted on 07/23/2014 9:21:37 AM PDT by 556x45
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To: VerySadAmerican

” I wonder if he spelled the charges correctly on the ticket.”

Huh?

.


24 posted on 07/23/2014 9:21:50 AM PDT by Mears
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To: Ken H

Good for her. I’m not going down the whole “all cops are thugs” route, but there certainly are a lot of bad apples out there.


25 posted on 07/23/2014 9:23:54 AM PDT by bigdaddy45
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To: gdani

“The War On (Some) Drugs becomes less defensible every passing day.”

No it doesn’t. Just wait, there will be a whole crew of “Conservatives” show up shortly to defend it. Probably a few more to defend the cop too.


26 posted on 07/23/2014 9:25:08 AM PDT by saleman (?)
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To: Ken H
Esteline is a prime example of a city that needs to be disincorporated. There is no need for a police force, and has been nothing more than a speed trap for decades. Either that, or the state of Texas builds a bypass around that little dump.
27 posted on 07/23/2014 9:25:25 AM PDT by Wallace T.
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To: hal ogen
the local taxpayers picked-up the tab

All 39 families? From 2000 through 2009, Estelline had the second highest traffic fine revenue per citizen in Texas.

28 posted on 07/23/2014 9:28:17 AM PDT by Dalberg-Acton
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To: TexasCajun

Everyone knows you do not speed between Chillicothe and Memphis....

Don’t they?


29 posted on 07/23/2014 9:28:34 AM PDT by SpinnerWebb (IN-SAPORIBVS-SICVT-PVLLVM)
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To: Organic Panic

“I say bring as many lawsuits as possible against crooked cops and police forces when warranted.”

Well, the trick is getting the judges to allow them.


30 posted on 07/23/2014 9:31:56 AM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: Ken H

I’ve been through that down about a dozen times on my way to Colorado. A radar detector is a must. It’s paid for it’s self several times over.


31 posted on 07/23/2014 9:32:37 AM PDT by tje
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To: bigdaddy45
I’m not going down the whole “all cops are thugs” route, but there certainly are a lot of bad apples out there.

Until the ones that aren't stand up and speak out against the ones that are, they all are.

32 posted on 07/23/2014 9:32:42 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: Dalberg-Acton
Where else would the money come from? I suppose they'll put out a few iridescent cones and make the whole area a “construction zone” so the fines can be doubled.
33 posted on 07/23/2014 9:34:43 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Ken H

I am pretty shocked the driver was unaware of Estelline’s speed trap mentality and funding source. It’s legendary in Texas. They have a record to boot.

The speed limit drop to 35 from 75 was deemed
unreasonable, so they had to up it to 50 mph.

Estelline is a guaranteed no growth, one horse berg with a terrible reputation and that record.


34 posted on 07/23/2014 9:35:31 AM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
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To: Bubba Ho-Tep

“I can never figure out why Texas is considered such a bastion of freedom around here.”

Yes, and in my experience there are dozens of Estellines in Texas (and other Southern States for that matter). Little $hit hole “towns” that exist as parasites feeding off of those non-residents who venture through.


35 posted on 07/23/2014 9:36:41 AM PDT by vette6387
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To: Quality_Not_Quantity
I wonder just how many more traffic tickets they’ll have to write to ‘get back’ the money they lost at trial?

I'm not certain they'll have to write any.

From the excerpt: "When Dutton complained about the stolen money, the city did not investigate and all video tapes related to the arrest and the deposit of the money were "not saved." US District Judge Mary Lou Robinson reviewed the evidence and last month denied Officer Fry's assertion of immunity. She prepared the case to go to trial.

and "Realizing there was no chance of surviving before a jury, Officer Fry's lawyers decided to settle the case last week $77,500.

Looks like this was all on the officer, himself. Not the city.

36 posted on 07/23/2014 9:37:22 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: Milton Miteybad
Because, in contrast to other places one might name, a plaintiff such as Laura Dutton was able to prevail in her quest to get her property back.

Yeah, in federal court.

37 posted on 07/23/2014 9:38:20 AM PDT by Bubba Ho-Tep ("The rat always knows when he's in with weasels"-- Tom Waits)
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To: Ken H
Estelline, Texas settles with innocent, elderly motorist...

...The 64- year-old woman.

Hey, now. Just a minute!

38 posted on 07/23/2014 9:39:07 AM PDT by Ken H
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To: 556x45

Whoa there, potato chip! Where are your hat and cattle?


39 posted on 07/23/2014 9:39:21 AM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
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To: Ken H

I’ve seen recruitment ads from Texas cities for police officers. The starting salaries were shockingly low. Almost a guarantee of recruiting the corrupt and the criminal into your police force IMO.


40 posted on 07/23/2014 9:39:45 AM PDT by Buckeye McFrog
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