Judge cites government 'lack of candor' in returning $167,000 seized in Nevada
Source: Las Vegas Review-Journal
Citing a lack of candor by the government in its court papers, a federal judge has ordered the return of $167,000 seized from a mans motor home during a traffic stop near Elko.
State and local law enforcement officers stopped Straughn Gorman, a resident of Hawaii, twice within 50 minutes in January 2013 as he was driving the motor home west on Interstate 80 between Wells and Elko, according to court documents.
... Gorman was not charged with any crime, but his money was seized and turned over to federal authorities for civil forfeiture proceedings. Authorities suspected he was on his way to California to buy marijuana, though Gorman said he was going to visit his girlfriend in Sacramento.
In his June 12 decision, Senior U.S. District Judge Larry Hicks chastised the Nevada U.S. Attorneys office in Reno for not revealing details about the related first stop in their forfeiture papers.
Read more: http://www.reviewjournal.com/news/las-vegas/judge-cites-government-lack-candor-returning-167000-seized-nevada
haikugal
(6,476 posts)localroger
(3,636 posts)The thieves are considering an appeal. It will still be in court for some time.
haikugal
(6,476 posts)I remember when these type of laws we enacted..if I remember correctly in the late 80's. They looked like a disaster and they are. I just can't believe they can take things even when there is no arrest much less a conviction. How can this be?
I'll read the thread, maybe I'll understand better. I just can't believe it's legal for them to do that!
I'll check out the link too...
Edited to add:
Hicks said in his decision that the traffic stops in 2013 violated Gormans Fourth Amendment rights and were not conducted with independent reasonable suspicion.
No matter how this can be viewed, the two stops were for minor traffic violations and they both were extended beyond the legitimate purposes for such traffic stops, Hicks wrote.
The second stop wouldnt have happened if information from the first stop had not been relayed by troopers, Hicks explained.
He said Gorman is entitled to lawyers fees from the government and invited a motion seeking compensation.
So this is a setup... The guy should sue for more than just costs.
valerief
(53,235 posts)Major Nikon
(36,828 posts)At least with non-cop highway robbers there's hope of bringing them to justice.
DFW
(54,527 posts)This was nothing more than armed robbery.
The reasoning behind traveling around with $167,000 in cash may be obscure, but if it was the guy's money legitimately, and a bunch of armed thugs took it from him, it doesn't matter if they were wearing badges or not.
Comrade Grumpy
(13,184 posts)juajen
(8,515 posts)christx30
(6,241 posts)cops' department. They use it to buy cars, helmets, weapons, and a margarita machine.
I wish I was kidding about that last one.
gregcrawford
(2,382 posts)... specifically forbade any further imposition of civil forfeiture laws because of gross abuse. They shouldn't even exist in the first place because they are blatantly unconstitutional and deprive victims of due process. But the majority of police believe they are above the law, and that all of us are guilty of something, so fucking us over is no more than we probably deserve.
This is what happens when ignorance, malice, and deceit are revered, as they are on Pox News, and sociopaths are allowed, nay, ENCOURAGED, to take positions of power.
The really sad part is that there are actually people foolish enough to believe you can reason with such people. You can't. They are monsters, and, like Dylann Roof, they deserve no forgiveness.