0:00:00.000,0:00:03.856 [DRAMATIC MUSIC] 0:00:03.856,0:00:12.748 0:00:12.748,0:00:14.790 I just wanted to tell you,[br]Officer Brown, I mean, 0:00:14.790,0:00:17.490 you're taking money out of[br]my kids' mouths right now. 0:00:17.490,0:00:17.990 I'm sorry. 0:00:17.990,0:00:19.740 You're taking food out[br]of my kids' mouths. 0:00:19.740,0:00:21.530 Like I said, we[br]believe right now 0:00:21.530,0:00:23.700 that this is drug[br]proceeds, illicit currency. 0:00:23.700,0:00:25.617 Well, I'm going to prove[br]to you that it's not. 0:00:25.617,0:00:26.178 Perfect. 0:00:26.178,0:00:29.664 [DRAMATIC MUSIC] 0:00:29.664,0:00:33.150 [SIREN BLARING] 0:00:33.150,0:00:36.138 0:00:36.138,0:00:39.624 [RADIO CHATTER] 0:00:39.624,0:00:42.620 0:00:42.620,0:00:44.750 That clip shows a[br]retired US marine 0:00:44.750,0:00:47.460 being robbed of his life savings[br]on the side of a highway. 0:00:47.460,0:00:51.240 He was not arrested for, charged[br]with, or convicted of any crime. 0:00:51.240,0:00:52.800 He wasn't even ticketed. 0:00:52.800,0:00:55.340 This is a rare glimpse[br]into an abuse of power 0:00:55.340,0:00:58.950 that thousands of innocent[br]Americans experience each year. 0:00:58.950,0:01:00.840 Through a public[br]records request, 0:01:00.840,0:01:04.459 The Institute for Justice was[br]able to acquire body and dashcam 0:01:04.459,0:01:07.010 footage of an entire[br]roadside seizure, 0:01:07.010,0:01:10.280 from the initial traffic stop to[br]the seized money being deposited 0:01:10.280,0:01:11.100 at the bank. 0:01:11.100,0:01:14.150 This is the most complete[br]footage we have ever seen. 0:01:14.150,0:01:18.200 On February 19, 2021,[br]our client Stephen Lara 0:01:18.200,0:01:21.720 was pulled over outside of Reno[br]by the Nevada Highway Patrol. 0:01:21.720,0:01:24.410 He was driving to visit his[br]daughters in a small California 0:01:24.410,0:01:26.005 town just West of Reno. 0:01:26.005,0:01:29.262 [DRAMATIC MUSIC] 0:01:29.262,0:01:32.570 0:01:32.570,0:01:35.180 The driver of this vehicle[br]was following the red and blue 0:01:35.180,0:01:37.430 semi-truck too closely,[br]less than a second following 0:01:37.430,0:01:40.336 distance. 0:01:40.336,0:01:43.551 Also driving under the[br]speed limit, which I thought 0:01:43.551,0:01:44.970 was really odd. 0:01:44.970,0:01:46.430 And I'm going to[br]stop him up here. 0:01:46.430,0:01:49.160 [INAUDIBLE] a little[br]bit safer [INAUDIBLE]. 0:01:49.160,0:01:50.660 Make sure everything's OK. 0:01:50.660,0:01:52.970 Yeah, initially, I[br]thought I was getting 0:01:52.970,0:01:55.770 pulled over because[br]maybe I had expired tags. 0:01:55.770,0:01:56.820 I had a rental car. 0:01:56.820,0:01:59.690 Unfortunately, I had[br]some car trouble. 0:01:59.690,0:02:05.180 And that was necessary to get a[br]rental car for a short duration 0:02:05.180,0:02:06.950 for that weekend. 0:02:06.950,0:02:07.680 I'm doing great. 0:02:07.680,0:02:08.509 Hey, the reason[br]I'm stopping you, 0:02:08.509,0:02:10.199 we have a special enforcement[br]campaign going on. 0:02:10.199,0:02:12.140 We're trying to educate drivers[br]about violations they may not 0:02:12.140,0:02:13.370 realize they're[br]committing but we're 0:02:13.370,0:02:15.300 seeing a big increase[br]in crashes out here. 0:02:15.300,0:02:17.040 First, applaud you[br]on your driving. 0:02:17.040,0:02:18.030 You drive great. 0:02:18.030,0:02:19.230 You're driving really slow. 0:02:19.230,0:02:21.020 It appears that you're[br]trying to drive safely 0:02:21.020,0:02:21.780 under the speed limit. 0:02:21.780,0:02:22.440 I appreciate that. 0:02:22.440,0:02:24.060 I just want to talk to about[br]your following distance, 0:02:24.060,0:02:25.710 especially around[br]commercial vehicles. 0:02:25.710,0:02:28.250 The Highway Patrol Officer[br]seems friendly and reasonable 0:02:28.250,0:02:31.020 at first, even complimenting[br]Stephen's driving. 0:02:31.020,0:02:33.200 He orders Stephen[br]to exit his vehicle 0:02:33.200,0:02:36.350 and starts asking him a series[br]of questions unrelated to why 0:02:36.350,0:02:37.530 he was pulled over. 0:02:37.530,0:02:39.560 Police often ask[br]questions like this 0:02:39.560,0:02:42.200 to see if a suspect's[br]story lines up. 0:02:42.200,0:02:43.465 You a fighter? 0:02:43.465,0:02:44.192 Am I a fighter? 0:02:44.192,0:02:45.650 Yeah, you've got[br]a Tapout shirt on. 0:02:45.650,0:02:48.000 [CHUCKLES] Well, I've[br]got a lot of training. 0:02:48.000,0:02:48.990 I'm a retired Marine. 0:02:48.990,0:02:50.487 What do your daughters do, man? 0:02:50.487,0:02:52.320 Ever been in trouble[br]law enforcement before? 0:02:52.320,0:02:53.250 When did you leave? 0:02:53.250,0:02:54.060 When did you leave? 0:02:54.060,0:02:56.130 What part of Texas are you[br]thinking of buying a house in? 0:02:56.130,0:02:57.713 What were you doing[br]for work up there? 0:02:57.713,0:02:59.990 The officer then[br]explains the real reason 0:02:59.990,0:03:01.377 he pulled Stephen over. 0:03:01.377,0:03:03.960 Hey, while I'm working on this,[br]let me ask you something, man. 0:03:03.960,0:03:06.477 This is going to[br]sound kind of weird. 0:03:06.477,0:03:08.060 Part of my job out[br]here is I do what's 0:03:08.060,0:03:09.800 called Highway Interdiction. 0:03:09.800,0:03:11.840 I look for people that[br]are smuggling contraband 0:03:11.840,0:03:15.840 through our state, across the[br]country, weapons, humans, drugs, 0:03:15.840,0:03:17.490 illicit currency,[br]things like that. 0:03:17.490,0:03:19.430 Anything in the vehicle[br]I should be aware of? 0:03:19.430,0:03:19.930 Nothing. 0:03:19.930,0:03:21.090 OK. 0:03:21.090,0:03:21.820 No firearms? 0:03:21.820,0:03:22.320 Nothing. 0:03:22.320,0:03:23.050 No explosives? 0:03:23.050,0:03:23.550 None. 0:03:23.550,0:03:25.682 OK. 0:03:25.682,0:03:27.140 Are there any drugs[br]in the vehicle? 0:03:27.140,0:03:27.640 No. 0:03:27.640,0:03:28.580 Cocaine? 0:03:28.580,0:03:29.550 I don't do drugs. 0:03:29.550,0:03:31.842 Yeah, I've got to ask all[br]these silly questions, right? 0:03:31.842,0:03:32.800 There's no drugs. 0:03:32.800,0:03:34.217 There's no weapons[br]in the vehicle. 0:03:34.217,0:03:35.600 OK. 0:03:35.600,0:03:38.670 Any large amounts of United[br]States currency in the vehicle? 0:03:38.670,0:03:39.170 Yes. 0:03:39.170,0:03:39.950 OK. 0:03:39.950,0:03:44.400 What's a large amount[br]of US currency to you? 0:03:44.400,0:03:45.890 Anything over $10,000. 0:03:45.890,0:03:46.680 OK. 0:03:46.680,0:03:48.185 So there's over[br]$10,000 in there? 0:03:48.185,0:03:48.685 Yes. 0:03:48.685,0:03:50.227 How much money have[br]you got in there? 0:03:50.227,0:03:50.780 A whole lot. 0:03:50.780,0:03:51.640 [LAUGHS] OK. 0:03:51.640,0:03:54.060 I don't trust banks so[br]I keep my own money. 0:03:54.060,0:03:55.550 Fair enough. 0:03:55.550,0:03:58.110 Would you give me permission[br]to search your vehicle today? 0:03:58.110,0:03:58.610 Yeah. 0:03:58.610,0:03:59.940 If that's OK with you? 0:03:59.940,0:04:00.440 Sure. 0:04:00.440,0:04:01.550 OK, perfect. 0:04:01.550,0:04:03.420 Although it's Stephen's[br]right to refuse, 0:04:03.420,0:04:06.360 he gives the officer[br]permission to search his car. 0:04:06.360,0:04:11.400 I didn't want to[br]come across as being 0:04:11.400,0:04:15.100 non-cooperative or combative. 0:04:15.100,0:04:17.560 So I did what I felt was right. 0:04:17.560,0:04:21.940 And I was very honest,[br]very forthcoming. 0:04:21.940,0:04:24.070 I was also very respectful. 0:04:24.070,0:04:26.850 And I just wanted to make[br]their job as easy as possible 0:04:26.850,0:04:30.760 so that I could be on my way[br]to spend time with my children. 0:04:30.760,0:04:34.120 [DRAMATIC MUSIC] 0:04:34.120,0:04:34.620 0:04:34.620,0:04:36.240 Hey, Shane, how are you? 0:04:36.240,0:04:36.750 Good. 0:04:36.750,0:04:38.200 Hey, can you head[br]out to a traffic stop 0:04:38.200,0:04:40.325 or are you busy on that[br]other stuff going on today? 0:04:40.325,0:04:45.390 0:04:45.390,0:04:48.300 So far, I'm still searching a[br]car, but a big bundle of money. 0:04:48.300,0:04:51.180 He says, probably,[br]at least $100,000. 0:04:51.180,0:04:54.120 That interaction shows what's[br]at the heart of the officer's 0:04:54.120,0:04:55.390 interest in Stephen. 0:04:55.390,0:04:57.700 He knows that even though[br]Stephen did nothing wrong, 0:04:57.700,0:05:00.240 the DEA will adopt the[br]seizure of his cash 0:05:00.240,0:05:01.890 and return a[br]portion of the money 0:05:01.890,0:05:04.960 to the Highway Patrol for the[br]favor of giving them the case. 0:05:04.960,0:05:08.370 Here's how an adoption works. 0:05:08.370,0:05:12.850 When state or local police seize[br]cash, cars, or other property, 0:05:12.850,0:05:15.610 federal law enforcement[br]takes over the forfeiture. 0:05:15.610,0:05:17.700 The federal agency[br]does all the work 0:05:17.700,0:05:21.900 and kicks back up to 80% of the[br]proceeds to the state agency 0:05:21.900,0:05:23.700 that seized the property. 0:05:23.700,0:05:25.470 In Stephen's case,[br]that would mean 0:05:25.470,0:05:27.810 the DEA would take[br]control of the cash 0:05:27.810,0:05:30.370 and seek to forfeit it[br]through federal law, 0:05:30.370,0:05:32.250 ignoring the[br]important limitations 0:05:32.250,0:05:36.010 that Nevada law places on[br]seizures and forfeitures. 0:05:36.010,0:05:41.400 In 2019 alone, federal[br]agencies made $334 million 0:05:41.400,0:05:44.970 in equitable sharing payments to[br]state and local law enforcement 0:05:44.970,0:05:46.000 agencies. 0:05:46.000,0:05:49.710 In this case, the Nevada Highway[br]Patrol stands to gain nearly 0:05:49.710,0:05:54.103 $70,000 by taking[br]Steven's money. 0:05:54.103,0:05:55.770 I think you're a good[br]guy, and I don't-- 0:05:55.770,0:05:56.530 I am a good guy. 0:05:56.530,0:05:57.030 Yeah. 0:05:57.030,0:05:58.860 [CHUCKLES] So how[br]much cash is that? 0:05:58.860,0:05:59.710 About $100,000. 0:05:59.710,0:06:01.172 $100,000. 0:06:01.172,0:06:03.850 So as you know, I'm a vet. 0:06:03.850,0:06:04.390 He's a vet. 0:06:04.390,0:06:05.280 You're a vet. 0:06:05.280,0:06:07.650 It's not illegal to carry[br]currency, have currency. 0:06:07.650,0:06:11.430 [INAUDIBLE] It does, though,[br]make us ask some questions 0:06:11.430,0:06:13.240 on why someone has $100,000. 0:06:13.240,0:06:15.510 I can understand why you[br]don't trust banks, especially 0:06:15.510,0:06:16.760 in this day and age right now. 0:06:16.760,0:06:18.640 Stephen keeps his[br]savings in cash. 0:06:18.640,0:06:19.870 Maybe that's uncommon. 0:06:19.870,0:06:22.437 But as the officer[br]acknowledges, it's not illegal. 0:06:22.437,0:06:23.770 I have nothing to hide from you. 0:06:23.770,0:06:24.773 I appreciate that. 0:06:24.773,0:06:25.690 Give me a few seconds. 0:06:25.690,0:06:27.522 I'll make a couple phone calls. 0:06:27.522,0:06:29.770 The officer first[br]calls his superior. 0:06:29.770,0:06:33.905 He interrupts that call to[br]speak again with the DEA agent. 0:06:33.905,0:06:36.480 Hey, Sarge, are you[br]on your way out here? 0:06:36.480,0:06:38.610 Oh. 0:06:38.610,0:06:39.280 OK. 0:06:39.280,0:06:40.560 I'm waiting to hear[br]back from Shane 0:06:40.560,0:06:41.727 to see if he comes out here. 0:06:41.727,0:06:46.200 This is a strange one,[br]but not a strange one. 0:06:46.200,0:06:47.510 Consented to a search. 0:06:47.510,0:06:48.760 Said there was money up there. 0:06:48.760,0:06:51.070 We located what he[br]says is $100,000. 0:06:51.070,0:06:53.915 It's in a Ziploc[br]sandwich baggie. 0:06:53.915,0:06:56.380 [DRAMATIC MUSIC] 0:06:56.380,0:06:57.940 I haven't gone into it a bunch. 0:06:57.940,0:07:00.482 I'm waiting to hear back but[br]there's a bunch of bank receipts 0:07:00.482,0:07:03.947 and stuff in there as well[br]to show the [INAUDIBLE]-- 0:07:03.947,0:07:04.780 this might be Shane. 0:07:04.780,0:07:05.730 Hold on one second. 0:07:05.730,0:07:06.280 Hey, this is Shane. 0:07:06.280,0:07:07.155 Let me call you back. 0:07:07.155,0:07:10.293 [DRAMATIC MUSIC] 0:07:10.293,0:07:13.650 0:07:13.650,0:07:16.690 Around 20 minutes later,[br]the officer's superior, 0:07:16.690,0:07:20.250 a Highway Patrol Sergeant, is[br]recorded on his bodycam chatting 0:07:20.250,0:07:22.950 with the same DEA[br]agent who apologizes 0:07:22.950,0:07:25.620 for not being able to make it. 0:07:25.620,0:07:26.157 No issues. 0:07:26.157,0:07:27.490 It's too easy to do an adoption. 0:07:27.490,0:07:30.960 We contacted you so I think[br]everything's going to be OK. 0:07:30.960,0:07:33.760 And I'll text you the money[br]count after we get it. 0:07:33.760,0:07:35.620 It'll probably be[br]a couple hours. 0:07:35.620,0:07:38.190 Remember, there's[br]still no probable cause 0:07:38.190,0:07:39.850 to seize Stephen's money. 0:07:39.850,0:07:42.520 All the officers have is[br]a large amount of cash. 0:07:42.520,0:07:44.020 And cash is not a crime. 0:07:44.020,0:07:46.350 But the Sergeant[br]isn't giving up. 0:07:46.350,0:07:50.280 So why the distrust[br]for the banking system? 0:07:50.280,0:07:51.930 I just don't trust them. 0:07:51.930,0:07:53.680 Yeah? 0:07:53.680,0:07:54.430 It's my reasoning. 0:07:54.430,0:07:55.510 It's my personal thing. 0:07:55.510,0:07:57.940 Oh, I'm not trying to[br]convince you one or the other. 0:07:57.940,0:07:59.290 It's not usual. 0:07:59.290,0:08:01.230 After questioning[br]Stephen, the Sergeant 0:08:01.230,0:08:04.440 speaks privately with the[br]officer who pulled him over. 0:08:04.440,0:08:06.120 What are your thoughts, Chris? 0:08:06.120,0:08:13.290 I-- kind of leaning more[br]towards it's odd but-- 0:08:13.290,0:08:15.100 It's odd but it's not[br]packaged like normal. 0:08:15.100,0:08:15.600 No. 0:08:15.600,0:08:17.350 And he's answering[br]the questions. 0:08:17.350,0:08:19.320 There's receipts here. 0:08:19.320,0:08:20.430 I would like to put-- 0:08:20.430,0:08:23.790 I would like to put the[br]dog on the currency, man. 0:08:23.790,0:08:24.290 OK. 0:08:24.290,0:08:27.270 The two officers agree that[br]Stephen has been forthcoming 0:08:27.270,0:08:29.610 and has years worth of[br]bank receipts showing 0:08:29.610,0:08:32.470 that he has withdrawn his[br]savings from his bank accounts. 0:08:32.470,0:08:34.590 But the Sergeant orders[br]the junior officer 0:08:34.590,0:08:37.530 to put the dog on the currency. 0:08:37.530,0:08:40.799 The Sergeant put Stephen's[br]money in an open Ziploc bag 0:08:40.799,0:08:42.960 and throws the open[br]package to the ground 0:08:42.960,0:08:46.035 on the side of the road less[br]than 40 yards from Stephen's 0:08:46.035,0:08:46.535 car. 0:08:46.535,0:09:08.410 0:09:08.410,0:09:08.910 Nice. 0:09:08.910,0:09:19.290 0:09:19.290,0:09:21.453 Positive alert. 0:09:21.453,0:09:22.495 We'll go forward with it. 0:09:22.495,0:09:23.418 Huh? 0:09:23.418,0:09:24.460 We'll go forward with it. 0:09:24.460,0:09:26.070 OK. 0:09:26.070,0:09:28.110 This positive alert[br]appears to have 0:09:28.110,0:09:30.090 given the Sergeant[br]what he thinks he needs 0:09:30.090,0:09:32.140 to take Stephen's life savings. 0:09:32.140,0:09:35.220 Remember, both officers[br]have planned all along 0:09:35.220,0:09:37.030 to hand the money to the DEA. 0:09:37.030,0:09:39.610 They are looking for[br]a legal justification. 0:09:39.610,0:09:45.090 But numerous studies have shown[br]anywhere between 67% and 100% 0:09:45.090,0:09:47.970 of US currency has[br]trace amounts of drugs. 0:09:47.970,0:09:51.660 For that reason, a dog[br]alert to currency on its own 0:09:51.660,0:09:54.600 does not show the currency[br]was used in an illegal drug 0:09:54.600,0:09:56.910 transaction. 0:09:56.910,0:09:59.380 What we're going to do, I[br]believe they're drug proceeds. 0:09:59.380,0:10:00.930 Dog alerted to it. 0:10:00.930,0:10:01.860 Drug proceeds? 0:10:01.860,0:10:03.940 Yeah, it's very common, sir. 0:10:03.940,0:10:06.630 We get people that are[br]trafficking large quantities 0:10:06.630,0:10:10.780 of marijuana from Northern[br]California to all states East, 0:10:10.780,0:10:11.920 even from Reno. 0:10:11.920,0:10:13.715 Sir, I can tell you[br]right now, there's-- 0:10:13.715,0:10:16.090 I'm going to tell you exactly[br]what's going to happen, OK? 0:10:16.090,0:10:17.570 We're going to seize it today. 0:10:17.570,0:10:20.155 But that doesn't mean we're[br]the final judgment on it. 0:10:20.155,0:10:21.530 It's going to go[br]through the DEA. 0:10:21.530,0:10:23.780 So the DEA will contact you. 0:10:23.780,0:10:29.982 And the DEA will provide you[br]with the means to fight it. 0:10:29.982,0:10:31.940 You're going to have to[br]provide your pay stubs. 0:10:31.940,0:10:33.610 You're going to have to[br]provide your other receipts 0:10:33.610,0:10:34.780 and stuff like that. 0:10:34.780,0:10:35.350 OK? 0:10:35.350,0:10:37.190 Stephen now has nothing. 0:10:37.190,0:10:41.020 He had to convince his brother[br]to wire him $1,000 to continue 0:10:41.020,0:10:43.540 his trip to see his daughters. 0:10:43.540,0:10:47.012 I just want to let you know, I[br]know you're just doing your job. 0:10:47.012,0:10:48.470 That money, I work[br]pretty hard for. 0:10:48.470,0:10:51.130 0:10:51.130,0:10:54.414 The money that I have in my[br]jacket is only a few dollars. 0:10:54.414,0:10:57.835 I have no money to pay[br]for my kids' meals, 0:10:57.835,0:11:02.170 [INAUDIBLE] my hotel, or even[br]get that car back to Texas. 0:11:02.170,0:11:07.780 So I know you're[br]just doing your job, 0:11:07.780,0:11:10.618 but I don't know what[br]to do [INAUDIBLE]. 0:11:10.618,0:11:13.570 So I'm probably going to be[br]stuck here unless somebody 0:11:13.570,0:11:14.670 sends me some money. 0:11:14.670,0:11:19.418 I have no way of providing[br]for my children and stuff, 0:11:19.418,0:11:20.460 or getting back to Texas. 0:11:20.460,0:11:23.666 [DRAMATIC MUSIC] 0:11:23.666,0:11:26.530 [DRAMATIC MUSIC] 0:11:26.530,0:11:29.990 After nearly an hour and a[br]half on the side of a highway, 0:11:29.990,0:11:32.110 Stephen was given[br]a receipt for US 0:11:32.110,0:11:36.490 currency with a number[br]to call the DEA agent. 0:11:36.490,0:11:37.467 This is all I get here? 0:11:37.467,0:11:38.300 That's what you get. 0:11:38.300,0:11:38.870 Yes, sir. 0:11:38.870,0:11:41.225 0:11:41.225,0:11:42.850 You're going to get[br]noticed in the mail 0:11:42.850,0:11:45.200 as well at that address, OK? 0:11:45.200,0:11:50.710 I find it even[br]more so concerning 0:11:50.710,0:11:56.920 that if this could happen to[br]me as a combat veteran who 0:11:56.920,0:12:03.700 served overseas in[br]Iraq and Afghanistan, 0:12:03.700,0:12:05.810 this could happen to anybody. 0:12:05.810,0:12:10.190 After six months without[br]his nearly $87,000, 0:12:10.190,0:12:14.120 Stephen sued the DEA in[br]federal court to get it back. 0:12:14.120,0:12:16.600 Only then, after The[br]Institute for Justice 0:12:16.600,0:12:20.080 filed a lawsuit on his behalf,[br]and The Washington Post called 0:12:20.080,0:12:24.460 the agency for comment did they[br]agree to return Stephen's cash. 0:12:24.460,0:12:28.040 Stephen may have gotten back[br]his money but his case goes on. 0:12:28.040,0:12:29.980 Stephen and The[br]Institute for Justice 0:12:29.980,0:12:33.250 are also suing the Nevada[br]Highway Patrol in state court 0:12:33.250,0:12:36.940 to make sure that this[br]doesn't happen to anyone else. 0:12:36.940,0:12:40.880 Stephen's situation isn't unique[br]but he is one of the lucky ones. 0:12:40.880,0:12:42.500 He will get his money back. 0:12:42.500,0:12:45.730 Most victims of forfeiture don't[br]have a public interest law firm 0:12:45.730,0:12:47.510 like IJ to take their case. 0:12:47.510,0:12:50.410 And if they cannot afford an[br]attorney and cannot figure out 0:12:50.410,0:12:52.900 how to navigate convoluted[br]forfeiture processes 0:12:52.900,0:12:56.320 on their own, the government[br]walks away with their property 0:12:56.320,0:12:59.060 without ever having[br]to prove any crime. 0:12:59.060,0:13:01.610 This highway robbery must end. 0:13:01.610,0:13:04.000 It is time to abolish[br]civil forfeiture. 0:13:04.000,0:13:07.350 [DRAMATIC MUSIC] 0:13:07.350,0:13:20.000