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Highway Robbery? Texas Police Seize Black Motorists’ Cash, Cars

More news stories on Racial Profiling

Howard Witt, Chicago Tribune, March 10, 2009

TENAHA, Texas—You can drive into this dusty fleck of a town near the Texas-Louisiana border if you’re African-American, but you might not be able to drive out of it—at least not with your car, your cash, your jewelry or other valuables.

That’s because the police here allegedly have found a way to strip motorists, many of them black, of their property without ever charging them with a crime. Instead they offer out-of-towners a grim choice: voluntarily sign over your belongings to the town, or face felony charges of money laundering or other serious crimes.

More than 140 people reluctantly accepted that deal from June 2006 to June 2008, according to court records. Among them were a black grandmother from Akron, who surrendered $4,000 in cash after Tenaha police pulled her over, and an interracial couple from Houston, who gave up more than $6,000 after police threatened to seize their children and put them into foster care, the court documents show. Neither the grandmother nor the couple were charged with any crime.

Officials in Tenaha, situated along a heavily traveled highway connecting Houston with popular gambling destinations in Louisiana, say they are engaged in a battle against drug trafficking and call the search-and-seizure practice a legitimate use of the state’s asset-forfeiture law. That law permits local police agencies to keep drug money and other property used in the commission of a crime and add the proceeds to their budgets.

{snip}

But civil rights lawyers call Tenaha’s practice something else: highway robbery. The attorneys have filed a federal class-action lawsuit to stop what they contend is an unconstitutional perversion of the law’s intent, aimed primarily at blacks who have done nothing wrong.

Tenaha officials “have developed an illegal ‘stop and seize’ practice of targeting, stopping, detaining, searching and often seizing property from apparently non-white citizens and those traveling with non-white citizens,” asserts the lawsuit, which was filed in U.S. District Court in the Eastern District of Texas.

The property seizures are not just happening in Tenaha. In southern parts of Texas near the Mexican border, for example, Hispanics allege that they are being singled out.

According to a prominent state legislator, police agencies across Texas are wielding the asset-forfeiture law more aggressively to supplement their shrinking operating budgets.

{snip}

In some cases, police used the fact that motorists were carrying large amounts of cash as evidence that they must have been involved in laundering drug money, even though Guillory said each of the drivers he contacted could account for where the money had come from and why they were carrying it—such as for a gambling trip to Shreveport, La., or to purchase a used car from a private seller.

Once the motorists were detained, the police and the local Shelby County district attorney quickly drew up legal papers presenting them with an option: waive their rights to their cash and property or face felony charges for crimes such as money laundering—and the prospect of having to hire a lawyer and return to Shelby County multiple times to attend court sessions to contest the charges.

The process apparently is so routine in Tenaha that Guillory discovered pre-signed and pre-notarized police affidavits with blank spaces left for an officer to describe the property being seized.

{snip}

Original article

Email Howard Witt at hwitt@tribune.com.

(Posted on March 12, 2009)

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Comments

1 — Question Diversity wrote at 6:23 PM on March 12:

I don’t know this for sure, but I’m betting that the cops doing this are black. In this day and age, no white cop with a brain would dare do this, because they know the consequences. This kind of corruption is infamous among black cops.

2 — Mike Harrigan wrote at 6:36 PM on March 12:

“Highway Robbery? Texas Police Seize Black Motorists’ Cash, Cars,”

I’d sure like to see the numbers on this story. Something tells me that whites are victimized in this scam as well. But apparently the writer is only concerned with black victims.

I have heard stories and have seen reports on this type of police THEFT. Its a sad day in America when you cant travel down the road without the police finding a bogus reason to pull you over and then searching your car and keeping whatever they desire. If you or I did this it would be called robbery. These police/thugs should be locked away for these thefts.

3 — Tim Mc Hugh wrote at 6:43 PM on March 12:

This is an us vs. them issue. And folks, I don`t mean Black and White. Did anyone ever see the Dateline/20-20 show on this? It was frightening to say the least. They rigged a Lincoln Continental with video front and rear. Well they get pulled over for an “improper lane change.”
They then tell the cop “Hello, we`re with Dateline and we haven`t changed lanes in 27 miles. Here is the video proof.”
And it doesn`t faze the cop one bit. It emboldens him. He tells them that “he is the law and do they want to go to jail video or not?” It was the classic, “And if I know the Judge, and I ought to, he`s my brother-in-law” situation. I forget how it ended except that the cop didn`t get the car and the journalists didn`t get killed… The one thing I do remember was this. The look on the face of Hugh Downs after the segment as they talk about the brazen nerve of the officer, as he threatened fellow Americans with jail or worse. Now I don`t worship the media. Hell, I don`t even believe them. But back when I used to, Hugh Downs was someone you did. He`s been doing the news since before I was born. And sitting there in the dark in my chair, going “Wow”, I guessed that the look on my face was exactly like the look on his.

4 — Southern Hoosier wrote at 8:08 PM on March 12:

It does look bad.
“— and discovered that all but one of them were black.”

Ok, so the cops are racist. Just bust them and get it over with. Don’t try to make it out to be that all White cops are like this.

The population of the town is”
White 483 46.2%
Black or African American 443 42.4%
http://tinyurl.com/clt983

5 — Tim Mc Hugh wrote at 8:46 PM on March 12:

“I`m betting this cops doing this are Black.” - Question Diversity
Not on the episode I mentioned above. Also the victims were of any ethnicity. The one thing that scared me most in retrospect is the cop wasn`t even falling back on that local boy “This is my town and don`t you forget it!” It was all POLICE POWER! not White Power or Hometown Power. Made me realize you can give someone a badge a gun and they`ll be happy to take it from there… P.S. The one I saw took place in La. but near the Texas border.

6 — bonghits02 wrote at 12:14 AM on March 13:

I don’t know this for sure, but I’m betting that the cops doing this are black. In this day and age, no white cop with a brain would dare do this, because they know the consequences. This kind of corruption is infamous among black cops.

Posted by Question Diversity at 6:23 PM on March 12

That’s what we call a “false flag” attack. They struck first, will there be a return salvo? I doubt it.

7 — William Hendershot wrote at 12:19 AM on March 13:

Because the Federal government refuses to control the border and immigration, the only way they can fight the flow of drugs is with these insane unconstitutional laws. We all suffer a loss of freedom as a result.

The same goes for the crazy airport security. We all give up a degree of freedom so that we can enjoy the company of Islamists.

8 — Anonymous wrote at 1:18 AM on March 13:

Doesn’t matter who the victims are, this is illegal, ugly and scary. Now that it’s been uncovered I hope they throw the book at the cops who did this, but DON’T go muddying the waters by pulling the race card. Wrong is wrong. Either the cops are racists, or more likely they are just opportunistic criminals out to victimize whoever looked like the easiest targets.

9 — Trisket wrote at 1:45 AM on March 13:

I am a state police officer and I have partners I believe practice stops like this. There are several I dont trust and when you say anything to the brass, it goes no where and you end up being branded a trouble maker. Also there is competition, encouraged by year end awards, for the ones who get the most drugs and drug arrest, so the arrogant ones who have more favor for themselves than ethics are the ones who practice such tactics. It also just always happens to be the brass’s pets also! But to make you feel safer, this is only about one percent of the cops from my guess. Most would not ever sacrifice their integrity for any reason. If you know the inside story, the two groups do not socialize either. Further, the ones who are thugs like this only last a few years, sooner or later they are commiting crimes working for a private company, getting caught and moving onto another company. Same thugs everyone knows and has to work with.

10 — tryclosan wrote at 8:31 AM on March 13:

In my mind, letting police departments self-finance by asset forfeiture is comparable to the ancient practice of letting mercenaries pay their own way by giving them free reign to rape, loot, and pillage the cities they conquered.

Not only is it morally wrong, but it perverts the course of justice by making law enforcement a for-profit enterprise. The result is that police departments are no longer interested in prosecuting crimes that are unlikely to turn a profit, but very interested in discovering “crimes” that result in hefty forfeitures.

I’m no socialist, but neither do I believe that the glorious market solves all ills. Market economics doesn’t belong in law enforcement policy.

As a poster above noted, that a person could perpetrate this brazen theft on a fellow citizen of any race is despicable.

11 — ranger wrote at 11:04 AM on March 13:

Remember Howard Witt the writer of this story? He was the one who purposely distorted ALL the facts in the Jena Six case, declaring the 6 thugs who almost killed a white kid as the victims.

His stories on the incident were in complete contradiction to the facts reported by a half-dozen unbiased sources, including the reporter on the scene who lives in the area.

It would be interesting to find out why he lies about these racial incidents so unashamedly, because there’s no doubt at all that everything he writes is slanted to favor non-whites.

He’s white himself, and something of an effeminate acting type. Maybe he was picked on by white kids in his youth. Who knows, but the only thing I’m certain of is that he’s an excellent example of a self-hating white and one of our greatest enemies.

And, the reason I know a bit more than the average person, is that he was foolish enough to exchange almost a dozen emails with me after the Jena incident, when it was still getting top coverage, and I have his own words on the incident in my file.

12 — GreatNorthWoods wrote at 12:56 PM on March 13:

Although I do detest liberalism, blue states do have their value.
Would the police try this in a state like Connecticut of Massachussetts? No way! The white affluent population and media would expose them and sue in short order. Red states, especially in the south, have their down side to. Because of widespread poverty in the region, many citizens can’t fight back so the cops pull this stuff with impunity.

13 — Bruno wrote at 2:07 PM on March 13:

My guess is this is just the start of this type of (Mexican Style) police work by these Bullies With Badges. I think we will see more and more of this as time goes by?

14 — GWS wrote at 2:26 PM on March 13:

Ranger

Thanks for the info. It is always important to know the source of a story or accusation.

Against the backdrop of his Jena 6 report, this reporter is never to be trusted.

When we know something about a story, why do we always see all the errors, but then, immediately, when we see a story we know nothing about we are prone to lap up the report as fact?

15 — Strider wrote at 4:06 PM on March 13:

About 10 years ago the sheriff in Volusia County was running the same scam on I-95. His deputies would single out blacks with out-of-state plates who had not violated any traffic law, and if anyone in the vehicle had much cash they’d label it “drug money” and confiscate it on the spot.

My friends, this is not a race issue — this is government corruption and thuggery, pure and simple. (Another reason to end the idiotic “drug war.”) And it will only get worse as the economy further deteriorates and governments become ever more desperate for revenue. Asset forfeiture laws are a massive travesty against the 5th Amendment’s guarantee of due process of law, which applies just as much to property as to life and liberty.

I strongly recommend against carrying more than $100 or so in cash while in a vehicle, either as driver or passenger. If you must transport a large sum of money, turn it into a cashier’s check or traveler’s checks.

16 — Salt wrote at 10:06 PM on March 13:

A few things Mike Harrigan and Trisket said are ringing bells. What I suspect is there is a lawyer(and maybe a compliant reporter) in the picture using race as the means, rather than because of, to stop this practice.

I’ve seen this legal tactic openly discussed before; it is favored because adding the element of race to challenge laws makes it much more difficult for organizations (be they police, corporate, or other) to defend against the charges.

This type of seizure tactic was much more common in my state before the legislature made it so that the money seized went entirely to schools and the police departments didn’t get any cut of it. However, a loop-hole exist where they can take the same case federally and seize assets that way and get a 40% cut. I remember the cop who bragged about collecting cars for the city that way. Their showpiece vehicle, a corvette, being painted with the sign “This car used to belong to a drug dealer”. In fact, car was seized because the owner had less than 2 joints worth of marijuana on them. The same officer in that case tried to seize a house after a traffic stop, claiming a token amount of marijuana found in the vehicle was enough justification to call the house proceeds of marijuana trafficking. The burden of proof is reversed in those cases, and in order to keep their property they had to put up 20% of the value of the property to even get a court date to get a hearing on it. It was a very profitable venture for the police at that time. Eventually the same officer was removed from the force for dragging a disabled person with no legs out of their car with rather excessive force while on camera. The person had told the officer he would need to get his chair to get out and couldn’t comply with the order to keep his hands in the air while climbing out as it was physically impossible for him. The force involved was so excessive that even his record of making money for the city couldn’t make them overlook it.

17 — Michael C. Scott wrote at 1:26 PM on March 14:

Do not carry large amounts of cash in your car.

Do not carry illegal narcotics in your car.

Do not carry prescription drugs that are not in their original packaging in your car.

The same goes for what is in your house.

The most I carry is a $20 bill in my wallet. If I need something more expensive, I use my credit card.

Money and valuables surrendered to police departments in this manner often go to pay for things like expensive trips for policemen and their families.

18 — Anonymous wrote at 5:32 PM on March 14:

A friend of mine died and his gun-averse siblings told the cops to just take his guns and destroy them. Quite proud of themselves, they told all their friends, one of whom told them that the cops were just going to keep the guns or sell them for cash. Alarmed, they got a lawyer, who was able to retrieve all the guns that the dead man’s friends could recall that he owned. It seems that the cops had not informed their superiors about the haul, which left the lieutenants and captains very unhappy. It took over half a year to get all the guns back from whoever the cops had sold them to, but at the end we all got to buy our friend’s guns from his family.
I would trust cops more if I saw that the bad ones got burned by the good ones, but there was no punishment for these lawmen who sold guns on the black market.

19 — Anonymous wrote at 2:26 AM on March 15:

Government forces at work again. Thats probably not fair. How about Evil Cops again hide behind the protection of a Government Shield. Should we not hold Government employees to a higher standard? We were brought up to respect and not fear the Police, they were the Good Guys. We now teach our children never to cooperate, never to answer their questions and if possible, never call them unless it’s a dire emergency that we can’t handle ourselves. It’s now so probable that the bad guys are protected by Government, if they’re not actually Government themselves, Middle America is now beginning to whisper the unspeakable.

20 — Californian wrote at 11:59 AM on March 15:

This is another example of Sam Francis’ concept of Anarcho-Tyranny. The government is using its powers to crack down on otherwise law abiding citizens rather than going after criminals. If all the effort that goes into idiocy like this were used instead to enforce the laws against illegal immigration, we might turn the tide on that issue. Yet too many law enforcement agencies turn a blind eye to illegal immigration.

And yes, this case is another example of disgraceful behavior by law enforcement.

21 — dave wrote at 10:52 AM on March 16:

As much pleasure as I get for writing statements about Black pathologies,I have to side with the Black drivers on this issue.
It is not the governments business what I ingest(as long as I’m not impaired in a vehicle),nor is it their business how much money I have in my possession.
Drug laws in this nation are just a way for the state to expand its scope and threat,especially when police departments can confiscate these funds for their own use.
They only serve to give DEA agents pensions,paychecks and perks.
These stupid laws will never end for those reasons alone.

22 — Wakeupandfight wrote at 2:00 PM on March 17:


That’s because the police here allegedly have found a way to strip motorists, many of them black, of their property without ever charging them with a crime. Instead they offer out-of-towners a grim choice: voluntarily sign over your belongings to the town, or face felony charges of money laundering or other serious crimes.

This is a crime no matter who gets slapped by it.
If white cops are doing it to black people then they will eventually do it to white people.

Also, the stinking court system does this too.

How about you racists losing your children to CPS because a godless white judge needs the $50,000 she can get for your blond blue baby.

ha ha ha just wait till it happens to you


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