WEBVTT

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[DRAMATIC MUSIC]

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I just wanted to tell you,
Officer Brown, I mean,

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you're taking money out of
my kids' mouths right now.

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I'm sorry.

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You're taking food out
of my kids' mouths.

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Like I said, we
believe right now

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that this is drug
proceeds, illicit currency.

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Well, I'm going to prove
to you that it's not.

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Perfect.

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[DRAMATIC MUSIC]

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[SIREN BLARING]

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[RADIO CHATTER]

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That clip shows a
retired US marine

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being robbed of his life savings
on the side of a highway.

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He was not arrested for, charged
with, or convicted of any crime.

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He wasn't even ticketed.

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This is a rare glimpse
into an abuse of power

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that thousands of innocent
Americans experience each year.

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Through a public
records request,

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The Institute for Justice was
able to acquire body and dashcam

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footage of an entire
roadside seizure,

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from the initial traffic stop to
the seized money being deposited

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at the bank.

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This is the most complete
footage we have ever seen.

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On February 19, 2021,
our client Stephen Lara

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was pulled over outside of Reno
by the Nevada Highway Patrol.

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He was driving to visit his
daughters in a small California

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town just West of Reno.

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[DRAMATIC MUSIC]

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The driver of this vehicle
was following the red and blue

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semi-truck too closely,
less than a second following

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distance.

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Also driving under the
speed limit, which I thought

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was really odd.

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And I'm going to
stop him up here.

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[INAUDIBLE] a little
bit safer [INAUDIBLE].

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Make sure everything's OK.

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Yeah, initially, I
thought I was getting

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pulled over because
maybe I had expired tags.

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I had a rental car.

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Unfortunately, I had
some car trouble.

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And that was necessary to get a
rental car for a short duration

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for that weekend.

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I'm doing great.

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Hey, the reason
I'm stopping you,

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we have a special enforcement
campaign going on.

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We're trying to educate drivers
about violations they may not

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realize they're
committing but we're

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seeing a big increase
in crashes out here.

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First, applaud you
on your driving.

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You drive great.

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You're driving really slow.

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It appears that you're
trying to drive safely

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under the speed limit.

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I appreciate that.

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I just want to talk to about
your following distance,

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especially around
commercial vehicles.

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The Highway Patrol Officer
seems friendly and reasonable

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at first, even complimenting
Stephen's driving.

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He orders Stephen
to exit his vehicle

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and starts asking him a series
of questions unrelated to why

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he was pulled over.

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Police often ask
questions like this

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to see if a suspect's
story lines up.

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You a fighter?

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Am I a fighter?

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Yeah, you've got
a Tapout shirt on.

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[CHUCKLES] Well, I've
got a lot of training.

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I'm a retired Marine.

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What do your daughters do, man?

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Ever been in trouble
law enforcement before?

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When did you leave?

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When did you leave?

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What part of Texas are you
thinking of buying a house in?

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What were you doing
for work up there?

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The officer then
explains the real reason

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he pulled Stephen over.

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Hey, while I'm working on this,
let me ask you something, man.

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This is going to
sound kind of weird.

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Part of my job out
here is I do what's

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called Highway Interdiction.

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I look for people that
are smuggling contraband

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through our state, across the
country, weapons, humans, drugs,

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illicit currency,
things like that.

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Anything in the vehicle
I should be aware of?

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Nothing.

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OK.

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No firearms?

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Nothing.

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No explosives?

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None.

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OK.

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Are there any drugs
in the vehicle?

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No.

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Cocaine?

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I don't do drugs.

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Yeah, I've got to ask all
these silly questions, right?

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There's no drugs.

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There's no weapons
in the vehicle.

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OK.

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Any large amounts of United
States currency in the vehicle?

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Yes.

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OK.

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What's a large amount
of US currency to you?

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Anything over $10,000.

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OK.

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So there's over
$10,000 in there?

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Yes.

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How much money have
you got in there?

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A whole lot.

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[LAUGHS] OK.

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I don't trust banks so
I keep my own money.

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Fair enough.

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Would you give me permission
to search your vehicle today?

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Yeah.

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If that's OK with you?

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Sure.

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OK, perfect.

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Although it's Stephen's
right to refuse,

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he gives the officer
permission to search his car.

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I didn't want to
come across as being

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non-cooperative or combative.

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So I did what I felt was right.

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And I was very honest,
very forthcoming.

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I was also very respectful.

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And I just wanted to make
their job as easy as possible

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so that I could be on my way
to spend time with my children.

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[DRAMATIC MUSIC]

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Hey, Shane, how are you?

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Good.

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Hey, can you head
out to a traffic stop

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or are you busy on that
other stuff going on today?

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So far, I'm still searching a
car, but a big bundle of money.

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He says, probably,
at least $100,000.

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That interaction shows what's
at the heart of the officer's

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interest in Stephen.

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He knows that even though
Stephen did nothing wrong,

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the DEA will adopt the
seizure of his cash

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and return a
portion of the money

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to the Highway Patrol for the
favor of giving them the case.

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Here's how an adoption works.

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When state or local police seize
cash, cars, or other property,

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federal law enforcement
takes over the forfeiture.

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The federal agency
does all the work

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and kicks back up to 80% of the
proceeds to the state agency

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that seized the property.

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In Stephen's case,
that would mean

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the DEA would take
control of the cash

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and seek to forfeit it
through federal law,

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ignoring the
important limitations

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that Nevada law places on
seizures and forfeitures.

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In 2019 alone, federal
agencies made $334 million

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in equitable sharing payments to
state and local law enforcement

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agencies.

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In this case, the Nevada Highway
Patrol stands to gain nearly

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$70,000 by taking
Steven's money.

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I think you're a good
guy, and I don't--

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I am a good guy.

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Yeah.

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[CHUCKLES] So how
much cash is that?

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About $100,000.

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$100,000.

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So as you know, I'm a vet.

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He's a vet.

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You're a vet.

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It's not illegal to carry
currency, have currency.

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[INAUDIBLE] It does, though,
make us ask some questions

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on why someone has $100,000.

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I can understand why you
don't trust banks, especially

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in this day and age right now.

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Stephen keeps his
savings in cash.

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Maybe that's uncommon.

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But as the officer
acknowledges, it's not illegal.

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I have nothing to hide from you.

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I appreciate that.

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Give me a few seconds.

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I'll make a couple phone calls.

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The officer first
calls his superior.

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He interrupts that call to
speak again with the DEA agent.

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Hey, Sarge, are you
on your way out here?

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Oh.

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OK.

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I'm waiting to hear
back from Shane

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to see if he comes out here.

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This is a strange one,
but not a strange one.

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Consented to a search.

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Said there was money up there.

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We located what he
says is $100,000.

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It's in a Ziploc
sandwich baggie.

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[DRAMATIC MUSIC]

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I haven't gone into it a bunch.

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I'm waiting to hear back but
there's a bunch of bank receipts

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and stuff in there as well
to show the [INAUDIBLE]--

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this might be Shane.

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Hold on one second.

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Hey, this is Shane.

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Let me call you back.

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[DRAMATIC MUSIC]

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Around 20 minutes later,
the officer's superior,

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a Highway Patrol Sergeant, is
recorded on his bodycam chatting

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with the same DEA
agent who apologizes

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for not being able to make it.

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No issues.

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It's too easy to do an adoption.

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We contacted you so I think
everything's going to be OK.

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And I'll text you the money
count after we get it.

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It'll probably be
a couple hours.

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Remember, there's
still no probable cause

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to seize Stephen's money.

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All the officers have is
a large amount of cash.

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And cash is not a crime.

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But the Sergeant
isn't giving up.

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So why the distrust
for the banking system?

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I just don't trust them.

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Yeah?

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It's my reasoning.

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It's my personal thing.

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Oh, I'm not trying to
convince you one or the other.

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It's not usual.

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After questioning
Stephen, the Sergeant

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speaks privately with the
officer who pulled him over.

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What are your thoughts, Chris?

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I-- kind of leaning more
towards it's odd but--

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It's odd but it's not
packaged like normal.

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No.

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And he's answering
the questions.

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There's receipts here.

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I would like to put--

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I would like to put the
dog on the currency, man.

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OK.

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The two officers agree that
Stephen has been forthcoming

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and has years worth of
bank receipts showing

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that he has withdrawn his
savings from his bank accounts.

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But the Sergeant orders
the junior officer

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to put the dog on the currency.

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The Sergeant put Stephen's
money in an open Ziploc bag

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and throws the open
package to the ground

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on the side of the road less
than 40 yards from Stephen's

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car.

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Nice.

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Positive alert.

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We'll go forward with it.

00:09:22.495 --> 00:09:23.418
Huh?

00:09:23.418 --> 00:09:24.460
We'll go forward with it.

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OK.

00:09:26.070 --> 00:09:28.110
This positive alert
appears to have

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given the Sergeant
what he thinks he needs

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to take Stephen's life savings.

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Remember, both officers
have planned all along

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to hand the money to the DEA.

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They are looking for
a legal justification.

00:09:39.610 --> 00:09:45.090
But numerous studies have shown
anywhere between 67% and 100%

00:09:45.090 --> 00:09:47.970
of US currency has
trace amounts of drugs.

00:09:47.970 --> 00:09:51.660
For that reason, a dog
alert to currency on its own

00:09:51.660 --> 00:09:54.600
does not show the currency
was used in an illegal drug

00:09:54.600 --> 00:09:56.910
transaction.

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What we're going to do, I
believe they're drug proceeds.

00:09:59.380 --> 00:10:00.930
Dog alerted to it.

00:10:00.930 --> 00:10:01.860
Drug proceeds?

00:10:01.860 --> 00:10:03.940
Yeah, it's very common, sir.

00:10:03.940 --> 00:10:06.630
We get people that are
trafficking large quantities

00:10:06.630 --> 00:10:10.780
of marijuana from Northern
California to all states East,

00:10:10.780 --> 00:10:11.920
even from Reno.

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Sir, I can tell you
right now, there's--

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I'm going to tell you exactly
what's going to happen, OK?

00:10:16.090 --> 00:10:17.570
We're going to seize it today.

00:10:17.570 --> 00:10:20.155
But that doesn't mean we're
the final judgment on it.

00:10:20.155 --> 00:10:21.530
It's going to go
through the DEA.

00:10:21.530 --> 00:10:23.780
So the DEA will contact you.

00:10:23.780 --> 00:10:29.982
And the DEA will provide you
with the means to fight it.

00:10:29.982 --> 00:10:31.940
You're going to have to
provide your pay stubs.

00:10:31.940 --> 00:10:33.610
You're going to have to
provide your other receipts

00:10:33.610 --> 00:10:34.780
and stuff like that.

00:10:34.780 --> 00:10:35.350
OK?

00:10:35.350 --> 00:10:37.190
Stephen now has nothing.

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He had to convince his brother
to wire him $1,000 to continue

00:10:41.020 --> 00:10:43.540
his trip to see his daughters.

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I just want to let you know, I
know you're just doing your job.

00:10:47.012 --> 00:10:48.470
That money, I work
pretty hard for.

00:10:48.470 --> 00:10:51.130


00:10:51.130 --> 00:10:54.414
The money that I have in my
jacket is only a few dollars.

00:10:54.414 --> 00:10:57.835
I have no money to pay
for my kids' meals,

00:10:57.835 --> 00:11:02.170
[INAUDIBLE] my hotel, or even
get that car back to Texas.

00:11:02.170 --> 00:11:07.780
So I know you're
just doing your job,

00:11:07.780 --> 00:11:10.618
but I don't know what
to do [INAUDIBLE].

00:11:10.618 --> 00:11:13.570
So I'm probably going to be
stuck here unless somebody

00:11:13.570 --> 00:11:14.670
sends me some money.

00:11:14.670 --> 00:11:19.418
I have no way of providing
for my children and stuff,

00:11:19.418 --> 00:11:20.460
or getting back to Texas.

00:11:20.460 --> 00:11:23.666
[DRAMATIC MUSIC]

00:11:23.666 --> 00:11:26.530
[DRAMATIC MUSIC]

00:11:26.530 --> 00:11:29.990
After nearly an hour and a
half on the side of a highway,

00:11:29.990 --> 00:11:32.110
Stephen was given
a receipt for US

00:11:32.110 --> 00:11:36.490
currency with a number
to call the DEA agent.

00:11:36.490 --> 00:11:37.467
This is all I get here?

00:11:37.467 --> 00:11:38.300
That's what you get.

00:11:38.300 --> 00:11:38.870
Yes, sir.

00:11:38.870 --> 00:11:41.225


00:11:41.225 --> 00:11:42.850
You're going to get
noticed in the mail

00:11:42.850 --> 00:11:45.200
as well at that address, OK?

00:11:45.200 --> 00:11:50.710
I find it even
more so concerning

00:11:50.710 --> 00:11:56.920
that if this could happen to
me as a combat veteran who

00:11:56.920 --> 00:12:03.700
served overseas in
Iraq and Afghanistan,

00:12:03.700 --> 00:12:05.810
this could happen to anybody.

00:12:05.810 --> 00:12:10.190
After six months without
his nearly $87,000,

00:12:10.190 --> 00:12:14.120
Stephen sued the DEA in
federal court to get it back.

00:12:14.120 --> 00:12:16.600
Only then, after The
Institute for Justice

00:12:16.600 --> 00:12:20.080
filed a lawsuit on his behalf,
and The Washington Post called

00:12:20.080 --> 00:12:24.460
the agency for comment did they
agree to return Stephen's cash.

00:12:24.460 --> 00:12:28.040
Stephen may have gotten back
his money but his case goes on.

00:12:28.040 --> 00:12:29.980
Stephen and The
Institute for Justice

00:12:29.980 --> 00:12:33.250
are also suing the Nevada
Highway Patrol in state court

00:12:33.250 --> 00:12:36.940
to make sure that this
doesn't happen to anyone else.

00:12:36.940 --> 00:12:40.880
Stephen's situation isn't unique
but he is one of the lucky ones.

00:12:40.880 --> 00:12:42.500
He will get his money back.

00:12:42.500 --> 00:12:45.730
Most victims of forfeiture don't
have a public interest law firm

00:12:45.730 --> 00:12:47.510
like IJ to take their case.

00:12:47.510 --> 00:12:50.410
And if they cannot afford an
attorney and cannot figure out

00:12:50.410 --> 00:12:52.900
how to navigate convoluted
forfeiture processes

00:12:52.900 --> 00:12:56.320
on their own, the government
walks away with their property

00:12:56.320 --> 00:12:59.060
without ever having
to prove any crime.

00:12:59.060 --> 00:13:01.610
This highway robbery must end.

00:13:01.610 --> 00:13:04.000
It is time to abolish
civil forfeiture.

00:13:04.000 --> 00:13:07.350
[DRAMATIC MUSIC]

00:13:07.350 --> 00:13:20.000