In keeping with information sources, Stacey Jones and her husband have been stopped by airport safety and questioned in regards to the money, which that they had with them in a carry-on bag. Airport safety referred to as the police, who finally alerted the DEA.
Throughout their interview with DEA brokers, the couple defined that they have been touring to a on line casino reopening in North Carolina and the cash had come from a current personal sale of a car. The DEA brokers determined the money was most likely getting used for a drug transaction, although that they had no proof, and confiscated it utilizing civil asset forfeiture legal guidelines.
Civil asset forfeiture is a authorized software that enables law enforcement agencies to seize property—autos, money, actual property—from people with out essentially charging them for any wrongdoing. Proponents of the regulation see it an essential software for combating drug traffickers and different criminals, however critics argue that the regulation is ripe for abuse as a result of regulation enforcement companies get to maintain the lion’s share of the proceeds.
It is vitally straightforward for harmless people to get caught within the course of, to the extent that their 4th and fifth Modification rights are presumably being violated. Whereas there is no such thing as a regulation within the U.S. that limits how a lot money a U.S. citizen can fly with, touring with greater than $5,000 in money places you prone to civil forfeiture. The DEA hasn’t publicly introduced a proper threshold, however it’s broadly believed to have a coverage for seizing massive sums of money at airports no matter whether or not there’s any proof the cash is linked to drug trafficking.
Jones has employed an lawyer to problem the forfeiture and get her a refund, in line with sources. Her lawyer has reportedly filed a category motion lawsuit in opposition to the DEA on her behalf.
Incidents of unwarranted money seizures at airports are sadly fairly frequent. A recently published analysis by the Institute of Justice (IJ) revealed that between 2000 and 2016, Customs and Border Safety (CBP) and companies related to the Division of Homeland Safety (DHS) have used civil asset forfeiture to grab greater than $2 billion from vacationers in U.S. airports.
The IJ evaluation discovered half of the recorded seizures have been from vacationers who purportedly didn’t declare they have been touring with greater than $10,000. Different frequent causes for seizures have been suspected connections to drug trafficking, smuggling, or another violation of state or federal regulation.
Getting again forfeited property typically requires the proprietor to show in court docket that it was not concerned in against the law, which is why anybody who has had their property seized by regulation enforcement ought to instantly consult an attorney. An skilled lawyer can assist you problem the seizure and guarantee you might have your property returned to you in a well timed method.
South Florida Civil Asset Forfeiture Legal professional
Has your lawful property been seized utilizing asset forfeiture? Contact Brian Silber, P.A. to arrange a free preliminary session and work with one in all South Florida most skilled civil asset forfeiture defense attorneys.