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Theft by government: Two men who were detained, their car searched without a warrant, and had more than $100K in cash seized illegally, have now filed suit claiming their constitutional rights were violated.
By the time the encounter was over, the gamblers had been detained for more than two hours. Their car was searched without a warrant. And their cellphones, a computer and $100,020 of their gambling “bankroll” were seized under state civil asset-forfeiture laws. The troopers allowed them to leave, without their money, after issuing a traffic warning and a citation for possession of marijuana paraphernalia that carried a $65 fine, court records show.
Months later, an attorney for the men obtained a video of the stop. It showed that the motorists were detained for a violation they did not commit — a failure to signal during a lane change — and authorities were compelled to return 90 percent of the money.
Now the men are questioning the police tactics in an unusual federal civil rights lawsuit. In the suit, filed Sept. 29, William Barton Davis, 51, and John Newmerzhycky, 43, both from Humboldt County, Calif., claim their constitutional rights against unreasonable searches and seizures were violated. They also contend the stop was part of a pattern connected to the teachings of a private police-training firm that promotes aggressive tactics.
I hope they win big, very big. As far as I can tell, there is nothing legal about this police action. Nothing. It is theft, pure and simple, and thieves are supposed to be punished if caught.