Police Seize $63,530 From Veteran Because He Kept It In Grocery Bags

Police Seize $63,530 From Veteran Because He Kept It In Grocery Bags

(Daniel Jennings)  Simply carrying a large amount of cash in a grocery sack in your car is now sufficient grounds for a police officer to seize your money, a US circuit court has ruled. A panel of the Eighth US Circuit Court of Appeals found that all a deputy has to do to seize cash from a person is say it is drug money.

The court refused to return the $63,530 that Deputy Dave Wintle seized from a disabled veteran named Mark A. Brewer during a traffic stop in 2011. Brewer was never charged with a crime or even given a traffic ticket. Yet the decorated Air Force veteran lost his savings when a drug-sniffing dog smelled marijuana on it, even though no cannabis was found in Brewer’s car or his home.

Brewer saved the money from disability payments and his Air Force pay — as documents deputies found in the car indicated. He said he was traveling to Los Angeles to visit his uncle and to use the money as a down payment for a house. He added he was hoping his uncle could help him get a job there.

“The record here does not make clear whether the seized currency constitutes property used to facilitate a drug offense or proceeds from a drug offense,” Judge Bobby E. Shepherd wrote in a March 23 opinion upholding the seizure. “For the purposes of analysis, however, we will assume that the currency facilitated a drug offense and is thus subject to [to be seized].”

It was taken through a legal mechanism called civil forfeiture. (Listen to Off The Grid Radio’s report on civil forfeiture here.)civil-forfeiture-ivnDOTus-400x308

Brewer’s ordeal began when he was driving through Douglas County, Nebraska, outside of Omaha on Interstate 680 in November 2011. Wintle, a Douglas County sheriff’s deputy, pulled him over for not signaling when he made a lane change, and then Wintle asked for permission to search the vehicle.

Keeping Cash in a Grocery Bag Can Lead to Seizure

Wintle had just run a background check on Brewer and found he had “no major violations” on his record when he had the dog search the car. The search was apparently prompted by Wintle’s discovery of $1,000 in cash in Brewer’s pocket. He then found the other money in grocery sacks in a backpack.

Wintle claimed that copies of articles in the car about making hash and weed oil constituted evidence that Brewer was a drug dealer.

“The government provided sufficient circumstantial evidence to support the finding of a substantial connection between the currency and drug activity,” Shepherd wrote.


Among the circumstantial evidence was:

  • The money was kept in plastic grocery bags in a backpack in Brewer’s trunk.
  • The money was bundled into batches of $1,000 that were kept together by rubber bands.
  • Brewer initially told Wintle that he did not have enough money to pay for a motel room and that he was sleeping at rest stops.
  • Wintle claimed he smelled marijuana on the backpack.
  • The articles.

The federal government initiated seizure against Brewer, who appealed. During a civil trial U.S. Magistrate F.A. Gossett upheld Wintle’s action. Brewer appealed that ruling to the Eighth Circuit Court. Shepherd was part of a three-judge panel that upheld Gossett’s decision.

Brewer served in the Air Force as a weapons specialist and military policeman. He was given a medical discharge after a deployment in Afghanistan in 2008, Nick Sibilla of the Institute for Justice stated in a Forbes op-ed piece. Brewer says he has Post-Traumatic Stress Disorder (PTSD).

Even more tragic: The ruling will have a wide impact.

“This court case will be the ‘law of the circuit’ for Arkansas, Iowa, Minnesota, Missouri and North and South Dakota as well, creating even more barriers for Americans to fight back against unjust seizures in court,” Sibilla wrote.

New Mexico Eliminates Seizure

Meanwhile, New Mexico has become the second state to effectively eliminate the use of civil forfeiture andseizure by law enforcement. The state legislature passed and Governor Susana Martinez signed House Bill 560, which is designed to curb the practice. It still will allow the criminal forfeiture of property, although that legal barrier is much higher for the government.

A well-known critic of seizure hailed the bill as a victory for property rights.

“This is the first time in decades that a state legislature has taken the bold but necessary step to put an end to the perverse financial incentive in civil forfeiture laws,” Scott Bullock, the attorney in charge of the Institute for Justice’s battle against the practice, stated in a press release. “Thankfully, Governor Martinez and the New Mexico legislature recognized that no one should lose their property without being first convicted of a crime.”

SOURCE B HERE

Views: 98

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a blog post
17 hours ago
tjdavis posted a video

Jerusalem Syndrome - Israel/Palestine

August 2006For some, visiting Jerusalem brings them a little too close to God. Dozens of tourists develop 'Jerusalem Syndrome', believing they have a messian...
yesterday
tjdavis posted photos
yesterday
Doc Vega posted a blog post

So you Don't Think Communist China is Buying Off the Democrat Party?

California Democrats Just Joined Hands With Communists Funded From ShanghaiPosted on …See More
yesterday
cheeki kea commented on Doc Vega's photo
Thumbnail

681373888_994247376374814_9118727954735788138_n

"But Wait Folks... There's even more, even more than more in this ugly situation. A story of…"
Tuesday
Doc Vega posted a blog post
Monday
Less Prone left a comment for Aristo Kids
"Welcome aboard"
Sunday
Aristo Kids is now a member of 12160 Social Network
Sunday
Less Prone left a comment for Doc Vega
"Ning is working on theproblem. Their reply: "Hello, Thank you for notifying us.We are…"
Sunday
Sandy posted a video

The Day of the Dolphin (1973) Original Trailer [FHD]

Directed by Mike Nichols. With George C. Scott, Trish Van Devere and Paul Sorvino.The Day of the Dolphin Blu-ray : https://amzn.to/3W9bfbxThe Day of the Dolp...
Sunday
Sandy posted photos
Sunday
Less Prone left a comment for Doc Vega
"I issued a ticked concerning your report. "The rgeular format is not appearing on the…"
Sunday
Doc Vega commented on truth's photo
Thumbnail

Report an Issue

"The rgeular format is not appearing on the page and I can't add contwent unless its limited…"
Saturday
Doc Vega commented on Doc Vega's blog post The Escape
"cheeki kea, you are so right. We live in a world where even art has been lost to the savagery of…"
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Doc Vega posted photos
Apr 28
Sandy posted a discussion
Apr 28
Doc Vega commented on Burbia's blog post How much money makes anyone have a god complex?
"I seriously doubt Trump has a God complex as he is merely treying to save this country, but people…"
Apr 28

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted