Law enforcement authorities in this East Texas town of 1,000 people seized property from at least 140 motorists between 2006 and 2008, and, to date, filed criminal charges against fewer than half, according to a review of court documents by the San Antonio Express-News.
Virtually anything of value was up for grabs: cash, cell phones, personal jewelry, a pair of sneakers, and often, the very car that was being driven through town.
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Some lawmakers, fed up with calls from irate constituents, say enough is enough. Sen. John Whitmire, D-Houston, chairman of the Senate Criminal Justice Committee, said the state’s asset forfeiture law is being abused by enough jurisdictions across the state that he wants to rewrite major sections of it this year.
“The idea that people lose their property but are never charged and never get it back, that’s theft as far as I’m concerned,” he said.
Sen. Juan “Chuy” Hinojosa, D-McAllen, believes some law enforcement agencies in his cash-strapped district in the Rio Grande Valley have become so dependent on the profitable seizures that they routinely misapply the state’s civil forfeiture law.
“In a lot of cases, they’re more focused on trying to find the money than in trying to find the drugs,” he said.
That means law enforcement agencies in the Valley tend to target vehicles heading south into Mexico rather than northbound cars, Hinojosa said, because the southbound vehicles are more likely to be transporting cash — the profits from the drug trade — as opposed to just the drugs.
In 2008, three years after stripping a man of $10,032 in cash as he drove south along U.S. 281 to buy a headstone for his dying aunt, Jim Wells County officials returned the man’s money — and the county then paid him $110,000 in damages as part of a settlement. Attorney Malcolm Greenstein said criminal charges never were filed against his client, Javier Gonzalez, nor any of the dozens of people whose records he reviewed. People were given the option of going to jail or signing a waiver, Greenstein said. Like Gonzalez, most signed the waiver.
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But in Tenaha, a town of chicken farms that hugs the Louisiana border, critics say being a black out-of-towner passing through with anything of value is seen as evidence of a crime.
Tenaha Mayor George Bowers, 80, defended the seizures, saying they allowed a cash-poor city the means to add a second police car in a two-policeman town and help pay for a new police station.
“It’s always helpful to have any kind of income to expand your police force,” Bowers said.
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