One thing I haven’t heard on this thread is how the FBI got involved. Usually they aren’t part of the process unless it is a multi-jurisdiction task force. They don’t have the authority to walk into a local jurisdiction and seize the money from the locals UNLESS there is a Federal investigation going as well. They have to ultimately make their case for forfeiture to a judge as well and as we all know, there are some very liberal jurists on the bench. And, the case would be heard in Federal Court in Northwest Ohio, (Toledo) not exactly a hot bed of conservatism.
There are other inconsistencies as well. If you break into a house, you’re a BURGLAR not a robber. Also, although the guy says he uses weed for medicinal purposes, what is his source of supply? Does he have a hydroponic operation going in the basement? I’ve spent way too many hours building a case against someone for seizure (it isn’t as easy as you all seem to think)go to court, and have a liberal judge believe some BS about a Jaguar with 20” rims, low profile tires, the stereo on the local hip-hop station and the car is only driven by the doper’s mid-60’s grandma to go back and forth to church. Can the law be abused...yes....most of the time, major departments have too much civilian review to try and BS a forfeiture case.
Lastly, in case you weren’t aware, Lima, Ohio has one of the largest organized drug trafficking operations in the midwest. There is a huge amount of drugs flowing north from Texas and an equal amount of cash going south to Mexico.
Think about YOUR finances for a minute. I would bet most of the people who work in a blue collar job ( I think the guy worked at the General Dynamics tank plant in Lima) don’t have 400K in their 401k plans let alone that kind of cash lying around the house. There is probably a lot more to this story than what has been posted.
Don’t bother to explain. Everyone here insists this guy can’t get any lawyer help because this is secretly somehow a gun case. It has nothing to do with drug money. Oh no.
>FYI....I am a retired forfeiture detective. It is highly unlikely the police “seized the money” without PROBABLE CAUSE. There is no way a mere possession charge is going to trigger a forfeiture.<
How many times have you heard about someone who was stopped by the highway patrol for some driving offense having a suitcase full of money in the vehicle, and the money was seized by the highway patrol?
Yes, I know that in most cases this money is laundered drug money and the friver isn’t taking claim to it but just the same it is government snatching cold hard cash because they have the power to do it.
Why not prosecute the person who has their property confiscated? How can there be proof of property gained from a crime, but not sufficient evidence to prosecute the owner who alleged committed the crime?
I can see perhaps "detaining" property, but only after arresting a suspect.
Probable cause should not be sufficient grounds to confiscate anything in this country. Perhaps to detain it, but definitely not to confiscate it.
I can see confiscating things that are obviously used in criminal activity, but is there really any justification for allowing the confiscation of cash with anything less than beyond reasonable doubt? Especially if the burden of proof is placed on the guy who had it confiscated?