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Article posted Apr 15 2013, 5:46 AM Category: Tyranny/Police State Source: Cop Block Print

Men Jailed, Robbed Of $14,000 By Police Without Justification

by Cop Block

According to Courthouse News Service, a Texas sheriff in Waco, Texas threw two Latino men into jail for 39 days “with no charges, no hearing, and no probable cause” and seized the $14,000 they had saved up to buy a new car. Roberto Moreno-Gutierrez and Jaime Moreno-Gutierrez have filed a claim in Federal Court against Hill County, the Hill County Sheriff’s Department and the Texas Department of Public Safety.

The complaints alleges that plaintiffs Roberto Moreno-Gutierrez and Jaime Moreno-Gutierrez were traveling to a car dealership in Plano, Texas to purchase an automobile. Jaime Moreno-Gutierrez, had sold a vehicle for $9,000 and had taken a loan of $4,000 in order to buy the new vehicle. Texas State Trooper Carl R. Clary pulled the men over, driving a K-9 unit.

The complaint further details that no drugs or drug paraphernalia were found in the vehicle or on the plaintiffs. There was simply no indication of wrongdoing. Trooper Clary seized the money and waited for backup. After 20 minutes, the plaintiffs were taken to another squad car and were told they were going to be interviewed where it was quiet. The arriving officers tore apart the vehicle looking for money or drugs that did not exist.

“At the Hill County Sheriff Department, the plaintiffs were never handcuffed, never Mirandized and never told they were under arrest; rather, they were asked where they were from. The money was counted, and they were then booked into Hill County Jail for what jail documents call pending charges pursuant to ‘money laundering.’”

Stories such as these are by no means uncommon, and simply illustrate the consequences of allowing police such sweeping powers over peoples’ person and property.

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Comments 1 - 7 of 7 Add Comment Page 1 of 1

Posted: Apr 15 2013, 6:57 AM

99132 These are simply hallmarks of a police state.

The only solution is to leave America. I am convinced of this fact.

Posted: Apr 15 2013, 7:30 AM

118148 Money laundering? On what basis? How can it possibly be illegal to possess large amounts of cash? If confiscated cash goes into police coffers, you can bet they will be very likely to find any excuse to relieve people of their cash. Is the US a signatory to the 1948 Universal Declaration of Human Rights? As that document clearly states, no law can be made to limit or override the rights enumerated in that document. If cops act corruptly and violate your human rights, sue them in their private capacity for failing to uphold their oath of office and for violating your rights. (Make the cop, rather than the tax payer, pay you damages.) Alternatively, buy a sniper rifle and clean out the trash.

Posted: Apr 15 2013, 10:18 AM

20934 A search of all the local Waco news organizations returned no report of this case.

This case therefore did not happen. It's not recorded in any "Paper of Record".

Such is life in Prison America where Police live off the fat of the land.

Posted: Apr 15 2013, 3:17 PM

75145 > Money laundering? On what basis? How can it possibly be illegal to possess large amounts of cash?

Answer: there were numerous cases where it was affirmed in the courts of all levels that possessing large amounts of cash alone is sufficient proof of drug activity. In fact, the trooper jeopardized his own case by bringing in the dog, which failed to find anything. The money alone was more than enough.

This case is unusual by the fact that the people were actually arrested and put in jail - this probably was on immigration basis, rather than money laundering. In most cases, the cash or property is simply seized, and no charges are filed - all of which is perfectly legal and is called "Civil Asset Forfeiture" - there are many materials, for example Cato Institute's video "Policing for Profit: The Abuse of Civil Asset Forfeiture".

The argumemts in favor of this practice are summarized in Wikipedia article "Civil Asset Forfeiture:"

"Advocates justify this trend towards civil forfeiture by citing the nature of organized crime. Organized crime heads use their resources to keep themselves distant from the crime that they are controlling and to mask the criminal origin of their assets. Thus it is thought to be too difficult to carry out successful criminal investigations leading to the prosecution and conviction of such individuals, so that finances derived from crime are often effectively out of the reach of the law and are available to be used to finance more crime. Criminal confiscation regimes may be seen as inadequate and ineffective in these cases." In this particular case, the two Latinos might be no more than curiers, pawns in the game - and it's not impossible at all that they indeed were.
Marc: Rotorua N.Z.

Posted: Apr 15 2013, 5:40 PM

11892 What a shit hole America has become.

Posted: Apr 22 2013, 12:28 AM

118148 Just because a court makes a ruling that "possessing large amounts of cash along is sufficient proof of drug activity" does not make it right. The statement is ludicrous, as large amounts of cash can be obtained through all sorts of perfectly legal reasons. If I work a legitimate job and every week stuff $200 of my wages into my mattress because I don't trust banks (a wise move in this day and age) then after 1 year of doing this I'd have $10,000 stuffed in my mattress. Your court ruling suggests that this alone constitutes sufficient proof of drug activity, but as per my example it clearly does not involve drugs at all.
You said "the two Latinos MIGHT be no more than couriers" and "it's not impossible at all that they indeed were". Yes it's POSSIBLE that they MIGHT be drug couriers, but until this is established as an irrefutable fact the arbitrary confiscation of their cash is nothing more than THEFT by the nation's biggest organised crime gang: the police.

I agree with the comment from Marc of Rotorua. What a shit hole America has become.

Posted: Apr 22 2013, 7:55 AM

78111 Would the Sherriff have even pulled them over, let alone rob them blind, had they been a couple of upper middle class white people driving a benz?

Because I really, really fucking doubt it.

The cops are just another criminal gang, they've simply been contracted out by the corporations to handle the day to day business of oppression.
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