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Texas police made more than $50 million in 2017 from seizing people's property
Love @JusticeWillett
End forfeiture
Link to tweet
.@JusticeWillett: “One wonders if our colonial ancestors, transported to 2014, would be astonished — watching government seize, then sell, the property of guiltless citizens who have not been charged with any crime, much less convicted of one."
Link to tweet
Texas police made more than $50 million in 2017 from seizing people’s property. Not everyone was guilty of a crime.
Law enforcement leaders say civil asset forfeiture is a necessary tool for fighting crime, but several lawmakers see it as a violation of Americans’ civil liberties. Texas legislators are poised to take up the issue once again in 2019.
BY EDGAR WALTERS AND JOLIE MCCULLOUGH DEC. 7, 201812 AM
This story is part of a collaborative reporting initiative supported by the Pulitzer Center on Crisis Reporting. All stories can be found here: https://taken.pulitzercenter.org/
In February 2016, prosecutors in Houston filed a lawsuit against a truck: State of Texas vs. One 2003 Chevrolet Silverado. ... Houston police had seized the vehicle after surveilling its driver, Macario Hernandez, and pulling him over after he left his house. They took the truck to court, hoping to keep it or sell it at auction to fund their operations, claiming the vehicle was known to be involved in the drug trade.
But the truck’s owner, Oralia Rodriguez, was never charged with a crime. She wasn’t at the scene when officers pulled over Hernandez, her son, and found 13.5 grams of marijuana in his pocket. In fact, Rodriguez said she had recently loaned him the car so he could drive his pregnant girlfriend to the doctor. The girlfriend was having difficulty with her pregnancy and was at risk of losing the baby, Rodriguez said. She was desperate not to lose her truck, which had recently had new tires installed among other repairs, which she was still working to pay off.
“My sole intention was to help out. … Now I am in this situation of losing what I have worked very hard for,” she wrote to local prosecutors. “I am begging you please allow me to have my truck back.” ... Seven weeks after police pulled over the truck, the Harris County District Attorney’s Office resolved the suit and agreed to release the vehicle back to Rodriguez, on the condition that she never loan it to Hernandez. But Rodriguez still had to pay $1,600 to get her truck back, plus any towing and storage fees it had accumulated over the course of the lawsuit. (Hernandez pleaded guilty to delivering drugs and spent several months in jail.)
What happened to Rodriguez was perfectly legal. Under a process known as civil asset forfeiture, law enforcement can take cash and property they believe to be related to criminal activity, even if the person involved is never charged with a crime. Prosecutors then file suit against the property, and if successful, police may keep much of it for their own purposes.
....
Law enforcement leaders say civil asset forfeiture is a necessary tool for fighting crime, but several lawmakers see it as a violation of Americans’ civil liberties. Texas legislators are poised to take up the issue once again in 2019.
BY EDGAR WALTERS AND JOLIE MCCULLOUGH DEC. 7, 201812 AM
This story is part of a collaborative reporting initiative supported by the Pulitzer Center on Crisis Reporting. All stories can be found here: https://taken.pulitzercenter.org/
In February 2016, prosecutors in Houston filed a lawsuit against a truck: State of Texas vs. One 2003 Chevrolet Silverado. ... Houston police had seized the vehicle after surveilling its driver, Macario Hernandez, and pulling him over after he left his house. They took the truck to court, hoping to keep it or sell it at auction to fund their operations, claiming the vehicle was known to be involved in the drug trade.
But the truck’s owner, Oralia Rodriguez, was never charged with a crime. She wasn’t at the scene when officers pulled over Hernandez, her son, and found 13.5 grams of marijuana in his pocket. In fact, Rodriguez said she had recently loaned him the car so he could drive his pregnant girlfriend to the doctor. The girlfriend was having difficulty with her pregnancy and was at risk of losing the baby, Rodriguez said. She was desperate not to lose her truck, which had recently had new tires installed among other repairs, which she was still working to pay off.
“My sole intention was to help out. … Now I am in this situation of losing what I have worked very hard for,” she wrote to local prosecutors. “I am begging you please allow me to have my truck back.” ... Seven weeks after police pulled over the truck, the Harris County District Attorney’s Office resolved the suit and agreed to release the vehicle back to Rodriguez, on the condition that she never loan it to Hernandez. But Rodriguez still had to pay $1,600 to get her truck back, plus any towing and storage fees it had accumulated over the course of the lawsuit. (Hernandez pleaded guilty to delivering drugs and spent several months in jail.)
What happened to Rodriguez was perfectly legal. Under a process known as civil asset forfeiture, law enforcement can take cash and property they believe to be related to criminal activity, even if the person involved is never charged with a crime. Prosecutors then file suit against the property, and if successful, police may keep much of it for their own purposes.
....
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