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He was never charged with any crime, but police at a Kentucky airport still took the $11,000 he had saved up over five years, saying it “smelled like marijuana.” Now Charles Clarke has teamed up with civil liberty lawyers to try and get it back.
Clarke was flying to Florida in February 2014, with cash he had saved up from working, financial aid, gifts from family members and benefits from his mother, a disabled veteran. After a ticketing agent at the airport alerted police that his luggage “smelled like marijuana,” Clarke was approached by an airport detective and a Drug Enforcement Agency (DEA) agent with a drug-sniffing dog. Though they found no drugs or anything illegal on Clarke’s person or in his bags, DEA agent William Conrad and Detective Christopher Boyd seized Clarke’s savings “upon probable cause that it was proceeds of drug trafficking or was intended to be used in an illegal drug transaction,” Conrad wrote in his report.
Clarke says the smell may have been due to him having smoked pot in the car on the way to the airport.
“That's not really the point. ... I shouldn't be picked out because I had cash," he told the Cincinnati Enquirer.
“I’m not a drug dealer. I’ve never been,” Clarke said. “I didn’t have any plans on doing anything illegal. I was just trying to get home.”
Cincinnati/Northern Kentucky Airport police told the Cincinnati Enquirer that all the seizures are done through the DEA, and that airport police don’t take the money directly. However, under a federal program called “Equitable Sharing,” state and local law enforcement agencies can get a cut of the seized funds. According to IJ, 13 different law enforcement agencies from Kentucky and Ohio are seeking a cut of Clarke’s money.
In October 2014, the Washington Post published an analysis of over 40,000 documents obtained through Freedom of Information Act requests from police departments around the country, showing that local law enforcement agencies were using property seized through forfeiture to buy guns, spy technology and grenades – but also things like luxury vehicles, travel “and a clown named Sparkles.”
In almost 62,000 seizures since 2001, law enforcement agencies around the US have confiscated $2.5 billion in cash, despite never filing criminal charges or obtaining warrants, according to the Post. IJ’s review of Department of Justice data showed that law enforcement officials have seized $6.8 billion in cash and property between 2008 and 2013 alone.
“The idea of private ownership of property has become a legal fiction,” said IJ’s Flaherty.
“The idea of private ownership of property has become a legal fiction,” said IJ’s Flaherty.
originally posted by: lightedhype
a reply to: Annee
I sure would. What is the alternative? Pay some 100$ transfer fee from Western Union?
No thanks.
originally posted by: Zaphod58
a reply to: Kapusta
Anything over $10,000 in cash has always been confiscated. Especially if you're going out of the country.
originally posted by: Annee
Who carries that amount of money in a suitcase?
Would you?