Posted on 02/06/2014 10:34:43 AM PST by Altariel
WINNEMUCCA, Nev. (MyNews4.com & KRNV) -- Imagine getting pulled over for a traffic stop, and instead of getting a ticket, the officer takes your money. All of it.
It happened to one man recently, who was driving on Interstate 80 through Northern Nevada. Now, he is fighting back.
It's a case that focuses on our rights: Can law enforcement take your money or property, even if you are not charged with a crime?
The driver was Tan Nguyen of California. He has filed a lawsuit in federal court against the Humboldt County Sheriff's Office and District Attorney. His attorney, John Ohlson said, "The basis of the stop was he was going 78 in a 75. The stop ended in a search, and the deputy took $50,000 from my client that belonged to him."
Nguyen was not arrested. He was not charged with any crime. But Humboldt County Sergeant Lee Dove decided to confiscate a bundle of cash Nguyen happened to be carrying: $50,000 worth. Sergeant Dove even posed for a photo after seizing the cash.
In this incident report, Sergeant Dove observed that Nguyen seemed "nervous", was "argumentative", and that the car smelled of marijuana. No drugs were found during the stop.
Nguyen was not cited for doing anything illegal, although Sergeant Dove wrote in his report, "I felt he was not part of the legal traveling public," which he cited as justification for taking Nguyen's money.
When asked why Nguyen had so much cash, Ohlson responded, "I think it doesn't matter. I think the point is as long as there is U.S. currency in circulation, and we're allowed to have it, you can carry it."
This case seems to raise a lot of questions about all of our rights as citizens. The Humboldt County Sheriff Ed Kilgore was asked if he had any concerns about how the money was seized during this stop.
"At this point, I can't comment, since its an active litigation," Kilgore said.
But Humboldt County Assistant District Attorney Kevin Pasquale responded by saying, "If we think the money was obtained illegally, we have a right to seize it."
Does law enforcement have that kind of power? That's the question. This case is now headed to federal court, where a judge will decide whether authorities had a right to take Nguyen's money.
"You can have $50 and decide to buy drugs with it," Ohlson concluded. "But until you by the drugs, there's no crime."
Ohlson says he has heard of several other similar cases, where people had their money seized even though they were not charged with a crime. So far, only one known lawsuit has been filed.
Cops can be bums.
That’s larceny under color of authority.I hope this guy takes that cop and his department to the cleaners.
These violations of the Constitution have to stop,and it’s up to the courts to stop them hard.
True, but an authority overreach that needs to be slapped down, doesn't justify killing an entire program.
True, but an authority overreach that needs to be slapped down, doesn't justify killing an entire program.
Wow, that's some cracker jack lawyer the guy has. Several similar cases...ya think?
Simple. They bring a dog over, trained to react to small signals by the handler, indicating a “hit” for drugs, they then impound the car and get a warrant, based on the dog’s “evidence”. . .
“If I was ever carrying 50 grand in cash at one time, then yeah, I’d be nervous.”
Especially is you were doing 78 in a 75 in Humbolt County.
Asset forfeiture for fun and profit(and show who's boss)
911 Operator: “What is the nature of your emergency?
Citizen: “There’s a man standing next to my car with a gun yelling at me to get out. He smells like alcohol, and he seems out of control. I am in fear for my life.”
The entire program was created for the purpose of justifying authority overreach.
Thanks for the education. Now I know.
They’ll test the cash for exposure to drugs and of course they’ll find something. Say, “Bye, bye cash.”
We only have the word of the cop that the car smelled of marijuana, but we do know no drugs were found. I expect the driver would be argumentative when the cop decided to take his money. I certainly wouldn’t have said, “Sure, take all my money and have a good day.”
I guess the cop turned all $5,000 of it to the DA.
You mean $50,000.
Please understand, my exasperation is not directed at you or the OP, it’s reserved for the reporter who apparently just crawled out from under a rock.
Google “Donald Scott Malibu Ranch” if you ever want to get really disgusted by where asset forfeiture has taken us.
Sorry to say this, but all this “asset forfeiture” cr*p long predates Obama and was probably quite bi-partisan in its origins.
Anything over 10 K they can take it.
...a large amount of cash has a smell too. Sorry, so there’s “a smell”, cop says it was marijuana....not buying it. If there’s no arrest this is theft plain and simple.
a little lost in the inventory process.
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