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Deputy stops man for traffic violation, but ends up seizing his cash and jewelry
http://abclocal.go.com/ktrk/news/011705_local_moneyseized.html ^

Posted on 01/18/2005 9:28:27 AM PST by Orange1998

Deputy stops man for traffic violation, but ends up seizing his cash and jewelry

John Pickens didn't want to show his face while telling Ted Oberg his story, but he has contacted the FBI.

By Ted Oberg ABC13 Eyewitness News

(01/17/05 - HOUSTON) — It seemed like a routine traffic stop, but then it took an unfortunate turn for the man who was pulled over.

That driver was told, "I have good news and bad news. The good news is you don't get a ticket. The bad news I have to take your money and your jewelry."

Deputy stops man for traffic violation, but ends up seizing his cash and jewelry That stop and money seizure happened last month in San Jacinto County. Now the man at center of it all says it may have been a lot more than just unfortunate -- more like a federal offense. Loaded with Christmas gifts, John Pickens set out from Houston to Polk county for the holiday. He also had thousands of dollars in cash. And while he made it to his Christmas celebration, the cash didn't. A lawman seized it.

Three days before Christmas, Pickens left his Houston office headed towards the family's ranch in Polk County.

He recalled, "As I was driving through Shepherd I noticed police officers."

The officers -- deputy constables, in fact -- pulled him over. The plates on his car were expired. Pickens had the new ones in the backseat. But when he showed them to the deputy constable, it didn't end the traffic stop.

Pickens said, "He said, ‘Do you have any guns?’ I said no. He asked again, any drugs or weapons? I told him no. He said, ‘John, you know I'm going to have to check you out.’"

On the side of the road that night, Pickens wasn't given a ticket, a citation, not even a warning. He wasn't placed under arrest. He was just told to follow the deputy to the Precinct 2 annex, where the deputy seized jewelry and $4,000 cash.

The deputy's boss, San Jacinto County Constable Jerry Everitt wouldn't talk to us about the incident. But the deputy wrote the county's district attorney, saying the money could be seized since it was connected to drugs - even though no drugs were found in the search of his car, nor was there any proof that Pickens was selling drugs.

The deputy backed up his claim pointing out that Pickens has a drug history and he was coming from a "known source city." That would be Houston.

Constable Everitt insists nothing was done wrong and the money was properly seized. The district attorney disagreed, saying a seizure like this would not only be unethical, but also "extremely unlikely" to hold up in court.

There is "no direct evidence linking the money to ... A controlled substance," the DA said.

The constable wouldn't talk about it.

"At this time, I'm going to tell you one more time -- this interview is over," stated Constable Everitt.

After we got involved, the constable read the DA’s letter and called Mr. Pickens to let him know the money could no longer be held and he could pick it up -- three weeks after it was seized. It most likely won't end up back in his trunk anytime soon.

"It's not illegal (to carry cash), but I won't do that again," promised Pickens.

Pickens did not want to show his face fearing retaliation. He has been in contact with the FBI to inquire about civil rights violations. He's not alone. Another woman from the area claims the same thing happened to her the next day with a deputy from the same constable's office. The DA also returned her money - three weeks after it was seized.


TOPICS: Crime/Corruption; Government; US: Texas
KEYWORDS: 4thamendment; aconstableconsagain; allurcashrbelongtous; assetforfieture; badcops; christmasbonus; deputyrobbinghood; donutwatch; fourthamendment; grandlarceny; iguessthetokesonme; its4mybookiessosueme; itsnotmeitsthesystem; justcallmedeputycash; legaltheft; leo; muggedbythestate; orgainizedtheft; policyondrugs; rippingoffthepublic; sorrybutthecashstays; thesheriffgotabadrap; thesheriffmademedoit; warondrugs; wodlist; wodlists
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Seems the LEO is making the rules up as they go.
1 posted on 01/18/2005 9:28:29 AM PST by Orange1998
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To: Orange1998

Forfeiture laws lead to corruption like this.


2 posted on 01/18/2005 9:30:56 AM PST by Numbers Guy
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To: Orange1998

Never forget the WOD is all for the children...


3 posted on 01/18/2005 9:31:47 AM PST by Mark was here (My tag line was about to be censored.)
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To: Orange1998

Bumped for later read


4 posted on 01/18/2005 9:32:44 AM PST by Horatio Gates
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To: Orange1998
Seems the LEO is making the rules up as they go.

On the contrary. These anti-4th Amendment laws were passed under the Reagan administration as a weapon in the "war on drugs."

Any time you carry a large sum of cash, it's subject to seizure and forfeiture without cause thanks to this insanity.

5 posted on 01/18/2005 9:33:20 AM PST by Prime Choice (I have to keep my expectations low. I can't fake looking impressed.)
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To: Orange1998

All thanks to the War On some Drugs.


6 posted on 01/18/2005 9:37:24 AM PST by Phantom Lord (Advantages are taken, not handed out)
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To: Orange1998

County Constables?

Around here, those are the guys who after you run them off the road, you back up and throw your empty beer bottle at them.

They're just some thief's fat useless brother in law.


7 posted on 01/18/2005 9:39:17 AM PST by the gillman@blacklagoon.com
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To: Prime Choice

what about in Vegas?


8 posted on 01/18/2005 9:39:17 AM PST by Republicus2001
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To: Orange1998

They always have. My son over the Christmas break was stopped by Texas trooper for speeding on motorcycle(60 in a 55 zone) and he threatened to shoot my son if he tried to run. They were already stopped beside the road with their helments off!! No speeding ticket but a chewing out that a marine DI would be proud of. Inspection sticker had expired though, $135.00 ticket.


9 posted on 01/18/2005 9:39:45 AM PST by biff
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To: Republicus2001
what about in Vegas?

Beats me. I don't work for LVPD.

10 posted on 01/18/2005 9:42:07 AM PST by Prime Choice (I have to keep my expectations low. I can't fake looking impressed.)
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To: Orange1998
Mugged by the State is an excellent book on matters like this.
11 posted on 01/18/2005 9:42:10 AM PST by Phantom Lord (Advantages are taken, not handed out)
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To: Orange1998

This was extremely common in Louisiana along the I-10 corridor until it got national coverage.


12 posted on 01/18/2005 9:42:12 AM PST by Kirkwood
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To: biff

Did he have a rock and roll bumper sticker?


13 posted on 01/18/2005 9:43:57 AM PST by Orange1998
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To: Orange1998

booty

14 posted on 01/18/2005 9:44:42 AM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Kirkwood

I know that area well, as soon as you enter Louisiana the welcome committee is waiting.


15 posted on 01/18/2005 9:46:55 AM PST by Orange1998
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To: Orange1998

Big brother alert


16 posted on 01/18/2005 9:47:37 AM PST by Saundra Duffy (Save Terri Schiavo!!!)
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To: Orange1998
The constable wouldn't talk about it.

There's two types of cops in this world --those who have been caught in their lies and those who have yet to be caught.

17 posted on 01/18/2005 9:48:51 AM PST by Ol' Dan Tucker
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To: Orange1998
This is not a Sheriff's Deputy, but Deputy Constable!

In Texas, we have officers of the court and their crews patrolling, issuing citations, and basically confiscating citizen assets to fund their existence.

18 posted on 01/18/2005 9:50:53 AM PST by TexasCajun
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To: Orange1998
Boo-yah! WOD is in the zone, WOD shoots, WOD scores.
19 posted on 01/18/2005 9:51:37 AM PST by Semaphore Heathcliffe
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To: Orange1998

Forfeiture is an illegal taking.

I don't care what the Supremes say.


20 posted on 01/18/2005 9:53:15 AM PST by Uncle Miltie (Democrat Obstructionists will be Daschled!)
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