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"Highway Piracy" Alleged by Lawmakers in Texas Forfeitures

By Jeralyn, Section Crime Policy
Posted on Mon Feb 09, 2009 at 07:22:13 PM EST
Tags: forfeiture (all tags)
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Here's how forfeiture works in Texas: The cops take your money and property. They make you sign a form that if you relinquish the property, they won't file criminal charges against you.

As one lawmaker says:

“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.

One mayor, in an attempt to justify the policy, says the cities need the money -- they may get an extra police car out of it.

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    "Highway Piracy" Alleged by Lawmakers in Texas Forfeitures | 10 comments (10 topical)

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    This is just a crock Jeralyn. (5.00 / 3) (#1)
    by Teresa on Mon Feb 09, 2009 at 08:25:22 PM EST
    The girlfriend of a guy who worked for my husband loaned her car to her little brother one night. He got stopped and they found a small amount of pot. They took her car. Took it for good.

    Isn't this (5.00 / 1) (#5)
    by cal1942 on Mon Feb 09, 2009 at 10:12:57 PM EST
    just plain old extortion?

    And what about all that business about due process?

    isn't this a plea bargain? (2.00 / 0) (#2)
    by diogenes on Mon Feb 09, 2009 at 08:29:20 PM EST
    This sounds like a plea bargain to me--drop the charges in exchange for the payment of a fine with no record of a conviction.  
    After all, those who were arrested can always refuse to sign and take it to trial with a chance of acquittal, or am I missing something here?

    They had no lawyer to advise them, for one. (5.00 / 2) (#3)
    by Teresa on Mon Feb 09, 2009 at 08:41:19 PM EST


    [ Parent ]
    Not only that (5.00 / 2) (#6)
    by Dark Avenger on Tue Feb 10, 2009 at 12:28:50 AM EST
    I've never heard of a 'plea bargin' that was made with the police, who AFAIK can't make any judicial determinations in any jurisdiction in America.

    [ Parent ]
    Sounds more like a type of theft crime (5.00 / 3) (#4)
    by Molly Bloom on Mon Feb 09, 2009 at 08:45:01 PM EST
    The taking and carrying away the personal property of another with the intent to permeantly deprive by use of force or threat of force.

    [ Parent ]
    Yeah... (none / 0) (#8)
    by kdog on Tue Feb 10, 2009 at 08:47:52 AM EST
    a "plea bargain" at the barrel of a gun with a guy who can take your freedom temporarily on nothing more than a whim.

    That, my friend, is no bargain...that's a racket.


    [ Parent ]

    And its' all 'for the children!' (none / 0) (#7)
    by SeeEmDee on Tue Feb 10, 2009 at 07:22:50 AM EST
    Yeah, right. Recall the story about how a K9 officer had his drug dog sniff currency, the dog barked, signaling detection of drugs, and the cop emptied the cash register? Considering that most currency in the US has cocaine residue on it, the likelihood of an alert is very high.

    The police have become the modern-day equivalent of the very people they once were hired to chase down and catch, the 'highwaymen'.

    Oh, but we mustn't complain, oh no! It's all for the kiddies, dontcha know?

    Wow, this really doesn't seem right. (none / 0) (#9)
    by sarcastic unnamed one on Tue Feb 10, 2009 at 12:46:02 PM EST
    There must be more to the story. At least, I hope so.

    There has been much abuse of the (none / 0) (#10)
    by Dark Avenger on Tue Feb 10, 2009 at 11:02:28 PM EST
    forfeiture laws by drug cops for years and years, here's an example from a major city in the San Joaquin Valley that devolved into outright thievery, allegedly:

    A criminal complaint, filed Monday, charges officers Paul Cervantes, 32, and Hector Becerra, 34, and a third man, Jesus Jose Mendoza Valles, with felony auto theft in connection with a 2001 Ford Explorer owned by Humberto Ortega Quintero.

    Becerra and Cervantes were arrested last week and are on paid administrative leave. Each has posted $15,000 bail. Their arraignment is scheduled for Feb. 17.

    Valles, who lists a Sanger address, has been in the downtown Fresno jail since his arrest last week.

    Tuesday, Valles pleaded not guilty in Fresno County Superior Court to a charge of auto theft. He told Judge Don Penner: "I don't want to be used for something I didn't do."

    Valles, 45, initially didn't want a lawyer, but he later accepted the services of attorney Todd Eilers of the Public Defender's Office.

    Valles will return to court today to discuss his bail.

    According to a Fresno police report, Quintero and two other men arrived in Fresno in two cars on Jan. 7, 2008, to complete a drug deal with undercover officers including Cervantes and Becerra.

    After police arrested the three men, the car with drugs in it was impounded, a police report said. Quintero's Explorer turned up missing, said Quintero's attorney, Dan Martin.

    Valles later registered the Explorer in his name, according to Department of Motor Vehicles records.

    Undoubtedly, there is more to this story as well, SUO.

    [ Parent ]

    "Highway Piracy" Alleged by Lawmakers in Texas Forfeitures | 10 comments (10 topical)

    Readers Must Login or Create an Account to Comment