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Judge says schools to get stash of money found in vault
Associated Press ^ | August 3, 2005 | AP

Posted on 08/03/2005 9:39:30 AM PDT by AMTRepub

ELIZABETH CITY, N.C. -- A large stash of money believed to have been confiscated from a drug dealer and discovered recently in a police evidence vault belongs to the Elizabeth City-Pasquotank Public Schools, a judge ruled Tuesday.

Judge J. Richard Parker had ruled in April that the Elizabeth City Police Department could use the $34,000 to purchase evidence tracking software and investigate drug crimes. Parker reversed himself after an attorney for the school district argued the money should rightfully go to the local schools.

The state Constitution provides that penalties, forfeitures and fines collected for penal crimes must be used by the public schools in the counties in which the crimes occurred.

District Attorney Frank Parrish argued that the money was not collected from court-imposed fines but as evidence. Therefore, the money can be disposed of in any way a judge or magistrate sees fit, he said.

But school board attorney L.P. Hornthal Jr. argued that the money amounted to drug forfeitures.

"I don't think they can get around the case law, I don't think they can get around state statutes, I don't think they can get around the state constitution in this matter," Hornthal said, referring to Parrish and City Attorney Bill Morgan. "I believe it's pretty straight-forward."

The money turned up when the Elizabeth City Police Department did an inventory of evidence in the vault. They uncovered a total of $34,677 in cash, believed to have been confiscated during drug seizures dating back to 1989, when the last inventory was taken.

Chief William Anderson publicly advertised the money, as the law requires, but no one stepped forward to make a claim.

After Pasquotank County Sheriff Randy Cartwright questioned why the money was not going to the schools, County Manager Randy Keaton brought the matter the attention of the school board.


TOPICS: Culture/Society; Government; News/Current Events; US: North Carolina
KEYWORDS: carolina; democrat; judge; lawsuit; leandro; north; republican; school

1 posted on 08/03/2005 9:39:32 AM PDT by AMTRepub
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To: AMTRepub
The state Constitution provides that penalties, forfeitures and fines collected for penal crimes must be used by the public schools in the counties in which the crimes occurred.

Very cool. Wish Texas did the same.

2 posted on 08/03/2005 9:42:22 AM PDT by mtbopfuyn (Legality does not dictate morality... Lavin)
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To: TaxRelief; Constitution Day; Alia

NC ping ...

More money - that'll fix the schools!


3 posted on 08/03/2005 9:44:38 AM PDT by Tax-chick (Liberals: Too stupid to realize Dick Cheney is the real Dark Lord.)
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To: AMTRepub
After Pasquotank County Sheriff Randy Cartwright...

Re-elect that man!

4 posted on 08/03/2005 9:48:26 AM PDT by Smokin' Joe (God save us from the fury of the do-gooders!)
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To: Tax-chick
To the schools? Hmph. I think the Judge's first decision was the right one:

Elizabeth City Police Department could use the $34,000 to purchase evidence tracking software and investigate drug crimes. Parker reversed himself after an attorney for the school district argued the money should rightfully go to the local schools.

The state Constitution provides that penalties, forfeitures and fines collected for penal crimes must be used by the public schools in the counties in which the crimes occurred.

This year, my son did some great research during Black History Month into legitimate (grounded? Realistic?) American black heroes (not the Mumia types...). Anyway, he chose the name of a wonderful man who IS a hero, and a hall at a college in Elizabeth City is named after him. There wasn't much data about this man, and my son and I did searches through every available means. The man was awesome, and a true Patriot, who changed history in so many different ways, through his character and actions. But during Black History Month? The college didn't list this man -- at all -- as one of their heroes. Oh, no.. it only listed the lefty ones and socialist causes.

I think the money is FAR BETTER given to the police for tracking purposes. But of course the anti-American "tinfoilhatters" would go into full tizzy, if they couldn't do the socialist thing in re education. IF NC weren't harboring as many illegals? Maybe the schools could meet its budgets. Maybe the police could get the equipment they need as funded by the budget -- to keep DRUGS OFF THE STREETS AND OUT OF THE HANDS AND LIVES OF STUDENTS IN K-12. But someone made the law so that "schools" get this "grant" earned by the police departments? hmph. Same ones who wanna give in-state tuition to illegals?

5 posted on 08/03/2005 9:57:19 AM PDT by Alia
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To: Constitution Day; TaxRelief; 100%FEDUP; 2ndMostConservativeBrdMember; ~Vor~; A2J; a4drvr; Adder; ...

NC *Ping*

Please FRmail Constitution Day OR TaxRelief OR Alia if you want to be added to or removed from this North Carolina ping list.
6 posted on 08/03/2005 9:58:29 AM PDT by Alia
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To: Alia
Across the board, I'd expect a police department to do more good with $34,000 than a school system would. However, the "schools need more money" dogma is practically unquestioned these days, even though higher per-pupil spending is negatively correlated with student performance.
7 posted on 08/03/2005 10:01:50 AM PDT by Tax-chick (Liberals: Too stupid to realize Dick Cheney is the real Dark Lord.)
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To: Tax-chick

Yeah.. I know what happens to states who emotively support "it's for the children" mantra of the left. Lots of money gets frittered... to grownups with a political partisan agenda. It doesn't reach the classroom.


8 posted on 08/03/2005 10:05:04 AM PDT by Alia
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To: AMTRepub
The money turned up when the Elizabeth City Police Department did an inventory of evidence in the vault. They uncovered a total of $34,677 in cash, believed to have been confiscated during drug seizures dating back to 1989, when the last inventory was taken.

This is just retarded.. why was the money in a safe? The money its self isnt evidence... the amount is... why didn't they put this money in the bank? $34,667 even in a regular savings account would get interest all the way back from 1989...

9 posted on 08/03/2005 10:16:14 AM PDT by Echo Talon (http://echotalon.blogspot.com)
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To: Alia

The cop shop is at least as Socialist as the schools.

Fine and seizure money SHOULD be rebated to taxpayers. But it is best kept AWAY from teh cops, otherwise corruption gets even more rampant.


10 posted on 08/03/2005 10:27:59 AM PDT by Haru Hara Haruko
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To: Alia

Who?


11 posted on 08/03/2005 10:50:15 AM PDT by Adder (Can we bring back stoning again? Please?)
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To: Haru Hara Haruko

I had no idea.


12 posted on 08/03/2005 4:41:43 PM PDT by Alia
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To: Alia

This law did serve one good purpose. The money from red light cameras was supposed to go to the schools and the company administering the cameras got a huge percentage of the fines. Either the county or city would have to make up the difference to the schools or stop using them. Ha!


13 posted on 08/03/2005 5:49:02 PM PDT by goosie
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To: Alia

Especially in unionized PDs.

They WILL kick your door in to take your guns. Count on it.


14 posted on 08/03/2005 6:09:03 PM PDT by Haru Hara Haruko
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To: Haru Hara Haruko

I'm from CA: I am NO fan of "unions".


15 posted on 08/04/2005 4:58:58 AM PDT by Alia
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To: goosie

:) Indeed.


16 posted on 08/04/2005 5:00:08 AM PDT by Alia
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To: Haru Hara Haruko
Fine and seizure money SHOULD be rebated to taxpayers. But it is best kept AWAY from teh cops, otherwise corruption gets even more rampant

You might remember that was part of the plotline for the TV show Miami Vice -- their cool wheels were the result of drug raids and confiscation/forfiture.

17 posted on 08/04/2005 5:01:34 AM PDT by Shazbot29 (Light a man a fire, he'll be warm for a day; light him on fire, he'll be warm the rest of his life)
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To: Shazbot29

Miami Vice was also subsidized by ONDCP propaganda money. Now, in spite of all the propaganda money still flowing into the MSM, it is just laughable to make a TV show about "cool narcs." We no longer think our Stasi is "cool."


18 posted on 08/04/2005 5:41:09 AM PDT by Haru Hara Haruko
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