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rgatijnet1
Aug 31, 2015Explorer III
Here is another interesting article about this same incident. Seizure Note what Judge Hicks says and also note that apparently the driver had NO criminal record.
Highway seizures along I-80 by local authorities in Northern Nevada have come under fire in recent months, and some lawsuits have been filed challenging their constitutionality.
In his June 12 decision, Senior U.S. District Judge Larry Hicks chastised the Nevada U.S. Attorney’s office in Reno for not revealing details about the related first stop in their forfeiture papers.
Hicks said in his decision that the traffic stops in 2013 violated Gorman’s Fourth Amendment rights and were not conducted with “independent reasonable suspicion.
“No matter how this can be viewed, the two stops were for minor traffic violations and they both were extended beyond the legitimate purposes for such traffic stops,” Hicks wrote.
The second stop wouldn’t have happened if information from the first stop had not been “relayed” by troopers, Hicks explained.
It seems their whole civil case about the seizure is because the driver has exercised his 5th Amendment rights and will not tell where he got the money. He has never been charged with any crime. Sort of seems like someone else who took the fifth and was allowed to retire from the IRS except in this case Nevada wants to judge him guilty by not speaking and keep his money.
Highway seizures along I-80 by local authorities in Northern Nevada have come under fire in recent months, and some lawsuits have been filed challenging their constitutionality.
In his June 12 decision, Senior U.S. District Judge Larry Hicks chastised the Nevada U.S. Attorney’s office in Reno for not revealing details about the related first stop in their forfeiture papers.
Hicks said in his decision that the traffic stops in 2013 violated Gorman’s Fourth Amendment rights and were not conducted with “independent reasonable suspicion.
“No matter how this can be viewed, the two stops were for minor traffic violations and they both were extended beyond the legitimate purposes for such traffic stops,” Hicks wrote.
The second stop wouldn’t have happened if information from the first stop had not been “relayed” by troopers, Hicks explained.
It seems their whole civil case about the seizure is because the driver has exercised his 5th Amendment rights and will not tell where he got the money. He has never been charged with any crime. Sort of seems like someone else who took the fifth and was allowed to retire from the IRS except in this case Nevada wants to judge him guilty by not speaking and keep his money.
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