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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
-
that thousands of innocent
Americans experience each year.
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Through a public
records request,
-
The Institute for Justice was
able to acquire body and dashcam
-
footage of an entire
roadside seizure,
-
from the initial traffic stop to
the seized money being deposited
-
at the bank.
-
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
-
distance.
-
Also driving under the
speed limit, which I thought
-
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
-
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.
-
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
-
at first, even complimenting
Stephen's driving.
-
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,
-
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
-
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
-
and seek to forfeit it
through federal law,
-
ignoring the
important limitations
-
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,
-
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.
-
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?
-
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.
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Huh?
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We'll go forward with it.
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OK.
-
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.
-
Remember, both officers
have planned all along
-
to hand the money to the DEA.
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They are looking for
a legal justification.
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But numerous studies have shown
anywhere between 67% and 100%
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of US currency has
trace amounts of drugs.
-
For that reason, a dog
alert to currency on its own
-
does not show the currency
was used in an illegal drug
-
transaction.
-
What we're going to do, I
believe they're drug proceeds.
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Dog alerted to it.
-
Drug proceeds?
-
Yeah, it's very common, sir.
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We get people that are
trafficking large quantities
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of marijuana from Northern
California to all states East,
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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?
-
We're going to seize it today.
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But that doesn't mean we're
the final judgment on it.
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It's going to go
through the DEA.
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So the DEA will contact you.
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And the DEA will provide you
with the means to fight it.
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You're going to have to
provide your pay stubs.
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You're going to have to
provide your other receipts
-
and stuff like that.
-
OK?
-
Stephen now has nothing.
-
He had to convince his brother
to wire him $1,000 to continue
-
his trip to see his daughters.
-
I just want to let you know, I
know you're just doing your job.
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That money, I work
pretty hard for.
-
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The money that I have in my
jacket is only a few dollars.
-
I have no money to pay
for my kids' meals,
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[INAUDIBLE] my hotel, or even
get that car back to Texas.
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So I know you're
just doing your job,
-
but I don't know what
to do [INAUDIBLE].
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So I'm probably going to be
stuck here unless somebody
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sends me some money.
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I have no way of providing
for my children and stuff,
-
or getting back to Texas.
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[DRAMATIC MUSIC]
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[DRAMATIC MUSIC]
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After nearly an hour and a
half on the side of a highway,
-
Stephen was given
a receipt for US
-
currency with a number
to call the DEA agent.
-
This is all I get here?
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That's what you get.
-
Yes, sir.
-
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You're going to get
noticed in the mail
-
as well at that address, OK?
-
I find it even
more so concerning
-
that if this could happen to
me as a combat veteran who
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served overseas in
Iraq and Afghanistan,
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this could happen to anybody.
-
After six months without
his nearly $87,000,
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Stephen sued the DEA in
federal court to get it back.
-
Only then, after The
Institute for Justice
-
filed a lawsuit on his behalf,
and The Washington Post called
-
the agency for comment did they
agree to return Stephen's cash.
-
Stephen may have gotten back
his money but his case goes on.
-
Stephen and The
Institute for Justice
-
are also suing the Nevada
Highway Patrol in state court
-
to make sure that this
doesn't happen to anyone else.
-
Stephen's situation isn't unique
but he is one of the lucky ones.
-
He will get his money back.
-
Most victims of forfeiture don't
have a public interest law firm
-
like IJ to take their case.
-
And if they cannot afford an
attorney and cannot figure out
-
how to navigate convoluted
forfeiture processes
-
on their own, the government
walks away with their property
-
without ever having
to prove any crime.
-
This highway robbery must end.
-
It is time to abolish
civil forfeiture.
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[DRAMATIC MUSIC]
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