【2009.5.6CNN】Texas police shake down drivers, lawsuit claims

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Texas police shake down drivers, lawsuit claims
链接：http://edition.cnn.com/2009/CRIME/05/05/texas.police.seizures/
媒体：CNN
正文：
TENAHA, Texas (CNN) -- Roderick Daniels was traveling through East Texas in October 2007 when, he says, he was the victim of a highway robbery.

Police in the small East Texas town of Tenaha are accused of unjustly taking valuables from motorists.

The Tennessee man says he was ordered to pull his car over and surrender his jewelry and $8,500 in cash that he had with him to buy a new car.

But Daniels couldn't go to the police to report the incident.

The men who stopped him were the police.

Daniels was stopped on U.S. Highway 59 outside Tenaha, near the Louisiana state line. Police said he was driving 37 mph in a 35 mph zone. They hauled him off to jail and threatened him with money-laundering charges -- but offered to release him if he signed papers forfeiting his property.

"I actually thought this was a joke," Daniels told CNN.

But he signed.

"To be honest, I was five, six hundred miles from home," he said. "I was petrified."

Now Daniels and other motorists who have been stopped by Tenaha police are part of a lawsuit seeking to end what plaintiff's lawyer David Guillory calls a systematic fleecing of drivers passing through the town of about 1,000.


Highway Robbery?

The latest on the lawsuit claiming police are shaking down drivers in Texas on AC360.


"I believe it is a shakedown. I believe it's a piracy operation," Guillory said.

George Bowers, Tenaha's longtime mayor, says his police follow the law. And through her lawyers, Shelby County District Attorney Lynda Russell denied any impropriety.

Texas law allows police to confiscate drug money and other personal property they believe are used in the commission of a crime. If no charges are filed or the person is acquitted, the property has to be returned. But Guillory's lawsuit states that Tenaha and surrounding Shelby County don't bother to return much of what they confiscate.

Jennifer Boatright and Ron Henderson said they agreed to forfeit their property after Russell threatened to have their children taken away.

Like Daniels, the couple says they were carrying a large amount of cash --- about $6,000 -- to buy a car. When they were stopped in Tenaha in 2007, Boatright said, Russell came to the Tenaha police station to berate her and threaten to separate the family.

"I said, 'If it's the money you want, you can take it, if that's what it takes to keep my children with me and not separate them from us. Take the money,' " she said.

The document Henderson signed, which bears Russell's signature, states that in exchange for forfeiting the cash, "no criminal charges shall be filed ... and our children shall not be turned over" to the state's child protective services agency.

Maryland resident Amanee Busbee said she also was threatened with losing custody of her child after being stopped in Tenaha with her fiancé and his business partner. They were headed to Houston with $50,000 to complete the purchase of a restaurant, she said.

"The police officer would say things to me like, 'Your son is going to child protective services because you are not saying what we need to hear,' " Busbee said.

Guillory, who practices in nearby Nacogdoches, Texas, estimates authorities in Tenaha seized $3 million between 2006 and 2008, and in about 150 cases -- virtually all of which involved African-American or Latino motorists -- the seizures were improper.

"They are disproportionately going after racial minorities," he said. "My take on the matter is that the police in Tenaha, Texas, were picking on and preying on people that were least likely to fight back."

Daniels told CNN that one of the officers who stopped him tried on some of his jewelry in front of him.

"They asked me, 'What you are doing with this ring on?' I said I had bought that ring. I paid good money for that ring," Daniels said. "He took the ring off my finger and put it on his finger and told me how did it look. He put on my jewelry."

Texas law states that the proceeds of any seizures can be used only for "official purposes" of district attorney offices and "for law-enforcement purposes" by police departments. According to public records obtained by CNN using open-records laws, an account funded by property forfeitures in Russell's office included $524 for a popcorn machine, $195 for candy for a poultry festival, and $400 for catering.

In addition, Russell donated money to the local chamber of commerce and a youth baseball league. A local Baptist church received two checks totaling $6,000.

And one check for $10,000 went to Barry Washington, a Tenaha police officer whose name has come up in several complaints by stopped motorists. The money was paid for "investigative costs," the records state.

Washington would not comment for this report but has denied all allegations in his answer to Guillory's lawsuit.

"This is under litigation. This is a lawsuit," he told CNN.

Russell refused requests for interviews at her office and at a fundraiser for a volunteer fire department in a nearby town, where she also sang. But in a written statement, her lawyers said she "has denied and continues to deny all substantive allegations set forth."

Russell "has used and continues to use prosecutorial discretion ... and is in compliance with Texas law, the Texas constitution, and the United States Constitution," the statement said.

Bowers, who has been Tenaha's mayor for 54 years, is also named in the lawsuit. But he said his employees "will follow the law."

"We try to hire the very best, best-trained, and we keep them up to date on the training," he said.

The attention paid to Tenaha has led to an effort by Texas lawmakers to tighten the state's forfeiture laws. A bill sponsored by state Sen. John Whitmire, D-Houston, would bar authorities from using the kind of waivers Daniels, Henderson and Busbee were told to sign.

"To have law enforcement and the district attorney essentially be crooks, in my judgment, should infuriate and does infuriate everyone," Whitmire said. His bill has passed the Senate, where he is the longest-serving member, and is currently before the House of Representatives.

Busbee, Boatright and Henderson were able to reclaim their property after hiring lawyers. But Daniels is still out his $8,500.

"To this day, I don't understand why they took my belongings off me," he said.

视频：
http://edition.cnn.com/2009/CRIME/05/05/texas.police.seizures/#cnnSTCVideo

部分评论：
Ellen
updated May 6, 2009

I was thinking of taking the great North American road trip and ending it in Florida to visit my sis-in-law. My dream was to see Galveston & San Antonio, as well as many other places, on my trip. After reading this original story and the subsequent comments I'll be avoiding Texas at all costs!
Thanks for the information. Canadian plates on the car sound like a bullseye to me.




Liberal Redneck
updated May 6, 2009

To all those who say it doesn't surprise them it was in Texas need to take a closer look at their local police. I have a friend who owns a restaurant/bar in an upper middle class suburb of Philly who was routinely harassed by the local police. And my friend is white in this mostly white suburb.

He was told that if he would hire a few of the officers under the table to be bouncers that all his troubles would disappear. They would also sit outside his house (which was in the same township) and follow him or his wife when they left in their car.

Fortunately my friend was also a lawyer and managed to get these police off his back and then fired, including the police chief. Because of this, he has had many business owners in the surrounding suburbs tell similar tales. This stuff occurs all across the country in rural, suburban and urban areas. It occurs in liberal and conservative areas. I'm no lover of Texas (look at the recent President from the Lone Star State), but this is not a Texas or southern problem.






Joe H
updated May 6, 2009

Forfeiture laws are clearly unconstitutional -- arming a single cop the right to try, convict, and punish a motorist on an unspecified felony in the course of minutes? These laws are notoriously abused in places where law enforcement is prone to corruption. Think small towns in places like Texas. It's also a powerful and legal way for cops to practice systemic racism, sexism, and xenophobia. There was a similar case in eastern Florida a few years back where 100% of those targeted were Latino. The excuse was always drugs, and none were ever found.

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为啥我不能选择html方式发帖？
本想贴上视频的……

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Highway robbery? Texas police seize black motorists' cash, cars
Suit says cops force motorists, largely black, to forfeit cash and cars—or be charged with trumped-up crimes
By Howard Witt | Tribune correspondent
March 10, 2009

http://www.chicagotribune.com/news/nationworld/chi-texas-profiling_wittmar10,0,6051682.story


A Texas senator aims to rein in search-and-seizure practices like those used in Tenaha, where scores have been targeted but never charged with any crime. (San Antonio Express-News photo by Lisa Sandberg / February 6, 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.

"We try to enforce the law here," said George Bowers, mayor of the town of 1,046 residents, where boarded-up businesses outnumber open ones and City Hall sports a broken window. "We're not doing this to raise money. That's all I'm going to say at this point."

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.

"If used properly, it's a good law-enforcement tool to see that crime doesn't pay," said state Sen. John Whitmire, chairman of the Senate's Criminal Justice Committee. "But in this instance, where people are being pulled over and their property is taken with no charges filed and no convictions, I think that's theft."

David Guillory, an attorney in Nacogdoches who filed the federal lawsuit, said he combed through Shelby County court records from 2006 to 2008 and discovered nearly 200 cases in which Tenaha police seized cash and property from motorists. In about 50 of the cases, suspects were charged with drug possession.

But in 147 others, Guillory said the court records showed, police seized cash, jewelry, cell phones and sometimes even automobiles from motorists but never found any contraband or charged them with any crime. Of those, Guillory said he managed to contact 40 of the motorists directly—and discovered all but one of them were black.

"The whole thing is disproportionately targeted toward minorities, particularly African-Americans," Guillory said. "None of these people have been charged with a crime, none were engaged in anything that looked criminal. The sole factor is that they had something that looked valuable."

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.

Jennifer Boatright, her husband and two young children—a mixed-race family—were traveling from Houston to visit relatives in east Texas in April 2007 when Tenaha police pulled them over, alleging that they were driving in a left-turn lane.

After searching the car, the officers discovered what Boatright said was a gift for her sister: a small, unused glass pipe made for smoking marijuana. Although they found no drugs or other contraband, the police seized $6,037 that Boatright said the family was carrying to purchase a used car—and then threatened to turn their children, ages 10 and 1, over to Child Protective Services if the couple didn't agree to sign over their right to their cash.

"It was give them the money or they were taking our kids," Boatright said. "They suggested that we never bring it up again. We figured we better give them our cash and get the hell out of there."

Several months later, after Boatright and her husband contacted an attorney, Tenaha officials returned their money but offered no explanation or apology. The couple remain plaintiffs in the federal lawsuit.

Except for Tenaha's mayor, none of the defendants in the lawsuit, including Shelby County District Atty. Linda Russell and two Tenaha police officers, responded to requests from the Tribune for comment about their search-and-seizure practices. Lawyers for the defendants also declined to comment, as did several of the plaintiffs in the lawsuit.

But Whitmire says he doesn't need to await the suit's outcome to try to fix what he regards as a statewide problem. On Monday he introduced a bill in the state Legislature that would require police to go before a judge before attempting to seize property under the asset-forfeiture law—and ultimately Whitmire hopes to tighten the law further so that law-enforcement officials will be allowed to seize property only after a suspect is charged and convicted in a court.

"The law has gotten away from what was intended, which was to take the profits of a bad guy's crime spree and use it for additional crime-fighting," Whitmire said. "Now it's largely being used to pay police salaries—and it's being abused because you don't even have to be a bad guy to lose your property."

忧心

听说德州金融危机之后财政比较紧张，政府有破产危险，通过各种手段创收也是可以理解的……

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