The Campaign For DA

6.10.2016

The Government Do Take A Bite Out

So how does this work?

Example: Cops make traffic stop of you in your $25,000 paid off car. They find a minuscule amount of dope after illegally searching the vehicle without probable cause or consent. Cops arrest you and refer case to prosecutor. Prosecutor notices the illegal search but files a lawsuit to take the car.

Criminal case = Thrown out since dope cannot be used against you.  You're free.
Forfeiture case = Government takes your car despite the illegal search.

(I'll give credit to the tweeting judge Willett who concurred in the opinion but dropped a huge hint in a footnote suggesting that the Court needs to be presented with a "clean constitutional challenge" to the Texas forfeiture system. It's technical, but he's saying "Don't argue whether the exclusionary rule applies to civil forfeiture cases. Instead, attack the whole system on Due Process grounds.")