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Elderly Couple Can Sue SFPD, Federal Agents Over Missing $200,000
SF Weekly ^ | March 1, 2012 | Erin Sherbert

Posted on 03/02/2012 5:09:12 PM PST by Altariel

A judge this week ruled that an elderly couple could sue the San Francisco Police Department and other federal agents over what the couple claims was an illegal raid on their San Francisco home.

According to court documents, Malaquias and Cayetana Reynoso were inside their home on June 18, 2009, when officers with the SFPD and the Bureau of Alcohol, Tobacco, Firearms, and Explosives forced their way into the house and held them at gunpoint for five hours while they searched the property.

The couple -- both were in their 70s at the time -- claim the officers refused to let them go to the bathroom unattended or take their medication. When the officers left, Malaquias Reynoso said he noticed $200,000 in cash had "disappeared" from his bedroom during the search.
   When he confronted the officer, the cop allegedly pointed a gun Malaquias Reynoso's head and said "go back in that house or I'll blow you [sic] head off."

Agent Megan Long, the ATF, and the U.S. government asked the court to dismiss the couple's complaint, but U.S. District Judge Susan Illston refused, noting that, as the Reynoso's claimed, officers took the money without reporting it as part of the search. She also disagreed with the defendants who claimed the Reynosos failed to state a claim for intentional infliction of emotional distress, according to court documents.

"Defendants knew that plaintiffs, who were in their seventies, had no criminal record," the judge wrote. According to the complaint, the search resulted in Malaquias suffering a 'complete physical and mental collapse, necessitating his being carried off to a hospital.'"

Illston, however, dismissed claims of "unreasonable force" and unlawful seizure of property under the Federal Tort Claims Act, finding that the federal defendants had immunity.

Matt Dorsey, spokesman with the S.F. City Attorney's Office, told SF Weekly they aren't too worried about these allegations.

"No findings have been reached about any of the factual allegations, and the city is confident it will prevail at trial with respect to claims against the San Francisco Police Department," Dorsey said.


TOPICS: Miscellaneous
KEYWORDS: donutwatch; sanfrancisco
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To: Responsibility2nd

Well, 9/10 times that someone has a machine gun in their home, they are a gang banger or a drug dealer. Does that mean the feds can seize any machine gun they find, without bothering to establish that the person is unlawfully in possession of it?

I doubt you’ll carry your logic to the point of saying “Viva la war on guns!”.


41 posted on 03/02/2012 9:30:54 PM PST by Boogieman
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To: South Hawthorne

“If you’ve got $200,000 in paper money stashed away, you’re either an idiot or a criminal.”

Maybe, but being an idiot is not illegal.


42 posted on 03/02/2012 9:32:06 PM PST by Boogieman
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To: dinodino; Cyman

Yes, 2000 hundred-dollar bills would weigh 2000 grams, or roughly 4.4 pounds. A stack of 50 bills is 2.61 inches wide, 6.14 inches high, and I figure no more than 0.43 inches tall, if you double the actual height of the individual bills to account for lack of compression. A men’s shoebox is 10.125 inches wide, 14.75 inches long, and 5.625 inches tall, so you could fit 4 x 2 x 13 stacks in a shoebox, or 5200 bills in it.

So, if the bills were all hundreds, it wouldn’t even fill half a shoebox. You could fit $200k in fifties in a shoebox easily as well.


43 posted on 03/02/2012 9:48:17 PM PST by Boogieman
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To: South Hawthorne
Only an Idiot keeps 200k in cash, or a criminal. In all likelihood, these folks are just making it up.

Well, then - I guess it's OK in your Fascist little mind for the security forces to steal it...

44 posted on 03/02/2012 9:48:43 PM PST by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: South Hawthorne
There's a HUGE difference between cash and precious metals. Cash doesn't gain value, metals do. If you've got $200,000 in paper money stashed away, you're either an idiot or a criminal. Gold and bullets are a FAR better investment than stuffing 20s in your mattress.

Change the subject when you're looking like an idiot. Thumbs up!

45 posted on 03/02/2012 9:52:06 PM PST by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: South Hawthorne

“$200,000 in cash, in your house? Who does that?”

I personally know 2 people that probably have at least that much cash on hand!


46 posted on 03/02/2012 10:05:47 PM PST by dalereed
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To: Boogieman; All
oh c’mon now, we've got to overlook South Hawthorne, they're from Pennsylvania...they just can't help themselves. ;)
47 posted on 03/02/2012 10:45:29 PM PST by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: South Hawthorne
My wife's uncle is 88 years old and a WW2 Navy vet. He worked his whole life in a South West PA Steel Mill. Never married or had a mortgage. He has his brothers trunk that he used in a CCC camp. This trunk has a large amount of cash in it. Money he earned over the years. He wants to keep it in a trunk,then that's his business. He is not a criminal or an idiot I assure you.
48 posted on 03/03/2012 5:46:42 AM PST by 4yearlurker (Sorry,no tag line today.)
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To: kiryandil
Well, then - I guess it's OK in your Fascist little mind for the security forces to steal it...

Show me where I said that. Throw up a straw man to distract from your idiocy. Thumbs up!

49 posted on 03/03/2012 7:31:58 AM PST by South Hawthorne (In Memory of my dear Friend Henry Lee II)
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To: Boogieman; Responsibility2nd
I doubt you’ll carry your logic to the point of saying “Viva la war on guns!”.

I wouldn't be surprised. Most drug war advocates have no problem with the BATFags taking away scary guns, justified or not.

50 posted on 03/04/2012 8:31:38 AM PST by jmc813
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To: jmc813; Responsibility2nd

Well, on FR, especially considering his handle, I’d like to give him the benefit of the doubt.


51 posted on 03/04/2012 8:35:10 AM PST by Boogieman
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To: South Hawthorne

People who don’t trust banks. People who have memories of or are familiar with financial controls during the depression. People who have studied what went on during the collapse in Argentina. People who want to live under the radar for whatever reason. I can think of many types of people who do this as well.


52 posted on 03/12/2012 6:35:00 AM PDT by MSF BU
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To: dinodino

Correct. The only question I have is why the couple didn’t have it in a concealed safe, and of course I am assuming they did not. There are many companies now that specialize in the installation of small safes for just this purpose; they are very good at what they do and the likelihood is that the safes will never be found.


53 posted on 03/12/2012 6:39:37 AM PDT by MSF BU
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