West Virginia state police return $10K taken in civil asset forfeiture to couple - Sensationalist Headlines

https://www.wvgazettemail.com/news/cops_and_courts/wv-state-police-seize-k-from-couple-without-charging-them/article_c46b9831-1c05-5ed0-b1b2-7b31c2654120.html A West Virginia State Police trooper issued Dimitrios Patlias a warning for failing to drive within his lane, just before seizing more than $10,000 in cash from him and his wife. On June 9, Tonya Smith — who was almost eight months pregnant — and Patlias were headed to the Hollywood Casino in Jefferson County. They had capitalized on several promotional offers and had 13 and 14 (respectively) $100 gift cards on them, along with the cash. The trooper pulled them over, Smith said in an interview, and ranged from accusing them of smuggling cigarettes, to having drugs in the car, to gift card fraud. After searching the car, their persons, and Smith’s purse, the trooper let them go with a uniform warning citation. However, he also took the $10,478 in cash, the 78 “gift cards” in the car, and Patlias’ smartphone, according to a property disposition report. Smith said 27 of those cards were gift cards, the rest of them were the kind of rewards program cards you get from any chain business. Patlias and Smith wound up returning to their home in Egg Harbor City, New Jersey, stripped of all their cash but $2, without ever having been charged with a crime. “It was a disgusting way of being treated,” Smith, a nurse, said. “We work hard for our money.” The seizure was part of a practice known as civil asset forfeiture, where law enforcement officers have the right to lay claim to property they argue was used in the commission of certain crimes. Those in support of the practice say the ability of law enforcement officers to use forfeiture laws can hamstring drug dealing networks by leaning on their finances, which can be more effective than criminal charges. They also point out that the proceeds can help police buy much-needed equipment. Smith said the law seems to incentivize bad behavior from otherwise good police officers. “To me, this law, now that I’ve learned of it, it turns police officers into dishonest crooks,” she said. “I feel like I was in a movie.” After the Gazette-Mail reached out to the state police Monday with inquiries about the seizure, and after weeks of Smith calling police, the Jefferson County prosecuting attorney and local politicians, Smith said an officer returned her and Patlias’ possessions in full Thursday evening. The West Virginia branch of the American Civil Liberties Union, which lobbied on behalf of the asset forfeiture reform bill, filed Freedom of Information Act requests to a host of police stations and sheriff’s offices around West Virginia, which were provided to The Charleston Gazette-Mail. The documents obtained and accompanying responses show most agencies don’t have any espoused policy or training for officers regarding asset forfeiture. There is no statewide tracking system, and recording varies by county and municipality. While most records indicated goods were forfeited in accordance with convictions, this was not an absolute rule. Smith, now a new mother, said the experience left her with “a bad taste in her mouth” for police officers, and now, she’ll have to figure out how to teach her son to respect law enforcement while she’s afraid to go near them.

Obligatory: https://m.youtube.com/watch?v=3kEpZWGgJks On topic: there REALLY needs to be some form of limitations and an appeal process to this shit.

Legal theft

Fun fact, it wasn't used a lot until Prohibition and the War on Drugs

I could go on to talk about the worst cases for people who have been affected by this law due to the FAILING war on drugs, but fuck almost eight months pregnant This IS one of the worst case scenarios It very easily could have never been returned and there would be nothing they could do about it.

Smith, now a new mother, said the experience left her with “a bad taste in her mouth” for police officers, and now, she’ll have to figure out how to teach her son to respect law enforcement while she’s afraid to go near them. Pretty goddamn sad