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Attorneys for the 3 from Niger say Harrisburg police and county detectives had no 'probable cause' to search their vehicle and take the cash.
A Dauphin County judge will have to decide whether county detectives were justified in seizing $151,000 in cash from three people who were not charged with a crime during a recent traffic stop in Harrisburg.
In Pennsylvania, cash seized by police in traffic stops and other criminal investigations is put into a fund and redistributed to law enforcement for equipment and other needs.
Note to self: Keep less than $100 in your pocket while in Pennsylvania.
"In Pennsylvania, cash seized by police in traffic stops and other criminal investigations is put into a fund and redistributed to law enforcement for equipment and other needs.
While it's unusual for sums of money this large to be seized, it's not uncommon for law enforcement to seize tens of thousands of dollars during traffic stops, Marsico said."
WTF??? sounds like the law is whack in Pennsylvania.
I understand why the police would be interested in taking custody of the funds temporarily if they were investigating to see if there was a criminal source for the money. (Not saying that I agree, just saying that I can see a law enforcement reason for doing that.) It's impossible to see any claim of right the state has to the money once the men were released without any charges and in the absence of any showing that they possessed the money illegally.
One of the best cases I've ever done in my legal career was trying to prevent the federal government from forfeiting a family's home because the parents were convicted on drug charges. After a lot of fighting we were able to preserve the asset for the children.
If you look into this at all you find that the federal drug forfeiture program is one of the most outrageous travesties around. The governing principle is literally guilty until proven innocent, and some law enforcement agencies use it as a gigantic cash cow.
These laws have been in place for 20 years or more. Large amounts of cash can be confiscated with impunity and it is up to the victim to prove the money was obtained legally. If he/she cannot, it remains in the possession of the confiscating agency. It was part of the "war on drugs" which is more accurately described as a "war on cash" and a "war on financial privacy".
Note to self: Keep less than $100 in your pocket while in Pennsylvania.
Not just Pennsylviania but MOST of the other states as well... they consider the trafficking of large amounts of money to be drug-related or something illegal and its up to you to prove that it isn't... and this rule has stood against the test of the courts... if its legit get a good lawyer or next time get a cashier's check...
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