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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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200,000 stolen? If true, then the officers need to be held liable as individuals.
1 posted on 03/02/2012 5:09:23 PM PST by Altariel
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To: Altariel

Armed robbery... by cops.


2 posted on 03/02/2012 5:12:25 PM PST by 6SJ7 (Meh.)
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To: Altariel

Obviously a false story and the couple are lying. No dogs were shot.


3 posted on 03/02/2012 5:14:15 PM PST by deadrock
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To: Altariel

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

(I can think of a couple of kinds of people who might do that...)


4 posted on 03/02/2012 5:17:13 PM PST by South Hawthorne (In Memory of my dear Friend Henry Lee II)
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To: South Hawthorne

Perhaps more people than you might think no longer trust banks and have saved money for years. I know of many immigrants who have large amounts at home in cash who came by it honestly.


5 posted on 03/02/2012 5:22:48 PM PST by achilles2000 ("I'll agree to save the whales as long as we can deport the liberals")
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To: South Hawthorne

Old people do. So did Jack Benny. Now I suppose a few specific cops do, after this raid.


6 posted on 03/02/2012 5:22:56 PM PST by The KG9 Kid
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To: South Hawthorne

My grandparents had stashes throughout the house.
It was the way they were. We used to joke about getting to their house after they died before my mom & aunt slapped on the padlocks.

As they aged my mom & aunt took over the day to day tasks for them. After going through the house with my grandfather they took him to the bank to deposit almost $15,000. This was after the $10,000 law had been passed. :) It wasn’t confiscated.


7 posted on 03/02/2012 5:30:28 PM PST by Protect the Bill of Rights
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To: South Hawthorne

My grandparents had stashes throughout the house.
It was the way they were. We used to joke about getting to their house after they died before my mom & aunt slapped on the padlocks.

As they aged my mom & aunt took over the day to day tasks for them. After going through the house with my grandfather they took him to the bank to deposit almost $15,000. This was after the $10,000 law had been passed. :) It wasn’t confiscated.


8 posted on 03/02/2012 5:30:28 PM PST by Protect the Bill of Rights
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To: Altariel

Yes, they did this to ME also, the SFPD in the Mission District. But on the street, and on a smaller scale.

You NEVER imagine you will be robbed by COPS.

In fact it DOES happen....! I’m still shocked.


9 posted on 03/02/2012 5:32:02 PM PST by gaijin
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To: Altariel
200,000 stolen? If true, then the officers need to be held liable as individuals

The screw-up alone should be worth the 200k assessed to the department and the feds. This is absolutely unacceptable in a free society.
While we know this kind of police state is where we're headed, we're not there yet; see, there's this little archaic document standing in the way...

10 posted on 03/02/2012 5:32:02 PM PST by stormhill
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To: Altariel
Prohibition is for the cheeruns dontcha know?

Prohibition laws are for our own good.

Slavery is freedom

11 posted on 03/02/2012 5:33:15 PM PST by rawcatslyentist (BO Stinks! So does Mitts magic underwear!)
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To: South Hawthorne

I forget how much money I found, after my aunt died and I received our dishes and glasses collection.

She had stock piled cash in between several dishes.

She grew up in the depression. We had many a Hellmann’s mayo glass jars stock piled, as with many a can of food.....along with other stock piled items.

It always seemed weird, but not now.


12 posted on 03/02/2012 5:34:10 PM PST by NoGrayZone (Jim "Firebrand" Robinson endorses Newt...with EPIC call to action!!)
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To: Protect the Bill of Rights

Same thing happened to us, found cash taped to bottom of drawers, behind picture frames, in pockets of things hanging in the closets....even found cash years later in backs of books....


13 posted on 03/02/2012 5:36:05 PM PST by GrannyK
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To: South Hawthorne

Why not do it.

The banks are paying .10% interest on your money now.

Might as well keep it at home.If I had a safe that’
s what I would do with mine.

That way when the Ovbamacare goes into effect the Feds couldn’t just take it out of my account.

“H.R. 3590 gives the federal government specific access to individual bank accounts and medical records as provided by that individuals health plan. The government may monitor an individuals finances and medical records electronically, for the purposes of determining an individuals eligibility for certain programs under the bill. They may also monitor an individuals finances and medical records to ascertain whether that individual has health insurance and is making regular premium payments to an approved health insurance plan; this will allow the federal government to determine each individuals financial responsibilities with respect to penalties and fees prior to or at the point of care as outlined in the bill. This clause also gives the government the ability to transfer funds electronically to or from an individuals bank account for the purposes of debiting his/her account for fees and penalties.”

Fact is I may take the money out of my accounts while I can.


14 posted on 03/02/2012 5:36:05 PM PST by Venturer
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To: South Hawthorne

People who lived through the depression and don’t trust banks. Some people keep gold coins in their homes, too.


15 posted on 03/02/2012 5:44:28 PM PST by rabidralph
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To: Altariel

So everyone here thinks that what was stolen was 200 1k bills? $200,000 dollars is a lot of paper AND there were at least two agencies there with multiples of each in the house. So this conspiracy was hatched by 6-12 all corrupt law enforcement officers, most of whom had just met each other AND all of them are crooked?


16 posted on 03/02/2012 5:46:57 PM PST by Cyman
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To: South Hawthorne
$200,000 in cash, in your house? Who does that?

None of your business.

Or mine.

And for damn sure, none of the stinking ATF's business.

17 posted on 03/02/2012 5:49:29 PM PST by OldSmaj (I am an avowed enemy of islam and obama is a damned fool and traitor. Questions?)
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To: OldSmaj

How can the Reynoso’s PROVE they had $200,00?

Did the cops give them a receipt? Did they admit it?

No?

Then it didn’t happen.


18 posted on 03/02/2012 5:56:17 PM PST by Responsibility2nd (NO LIBS. This mean Liberals and/or Libertarians (Same Thing) NO LIBS.))
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To: Responsibility2nd
Then it didn’t happen.

Not the issue I was addressing in my reply.

The issue I had is just whose business is it if someone does keep or have $200,000 cash in their home.

Not my business, nor yours, and I cannot fathom why the ATF would have an interest, unless they could prove it was connected to a crime.

They have produced no evidence of such crime, so...either the couple had the money and the ATF thieves took it, or the couple had the money and the ATF thieves took it and will never charge the couple with any crime.

Hell of a world we live in, huh?

And just as an aside, every ATF agent I have met was a low-life piece of dog excrement, with a holier-than-thou attitude and a definite tendency towards thievery, should opportunity present.

Jack-booted thugs.

19 posted on 03/02/2012 6:06:20 PM PST by OldSmaj (I am an avowed enemy of islam and obama is a damned fool and traitor. Questions?)
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To: gaijin

I had a cop try and rob me too.

He was a minority and had an extremely serious drug problem so they didn’t feel he should be held accountable.


20 posted on 03/02/2012 6:09:53 PM PST by IMR 4350
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To: OldSmaj

You know that 9/10 times there is $200,00 in cash in someone’s home or car, then it’s a result of illegal drug trading.

Maybe not in this case, but overall...

I have no problem with the BATF seizing cash, cars, homes, etc. that belong to drug dealers.

Viva la war on drugs!


21 posted on 03/02/2012 6:10:19 PM PST by Responsibility2nd (NO LIBS. This mean Liberals and/or Libertarians (Same Thing) NO LIBS.))
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To: DEADROCK

I hope they can keep their story straight; it could be a new tactic in this SWAT war.


22 posted on 03/02/2012 6:12:24 PM PST by pingman (Durn tootin'; I like Glock shootin'!)
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To: Cyman

Actually, that’s not a lot of paper. In hundreds, it would probably fit in a shoebox.


23 posted on 03/02/2012 6:13:57 PM PST by dinodino
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To: Altariel

IF their story is true, I know what I’d do.

Scoot over to Nevada, make a purchase, come home, pay a visit.


24 posted on 03/02/2012 6:24:27 PM PST by G Larry (We are NOT obliged to carry the snake in our pocket and then dismiss the bites as natural behavior.)
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To: South Hawthorne
$200,000 in cash, in your house? Who does that?

People that were born during the depression and pre WWII.

25 posted on 03/02/2012 6:31:02 PM PST by Outlaw Woman (When does the shooting start?)
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To: Altariel

Hard to tell the difference between cops and criminals.


26 posted on 03/02/2012 6:40:25 PM PST by TASMANIANRED (We kneel to no prince but the Prince of Peace)
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To: South Hawthorne

You went awful quiet after you got schooled over your ill-thought jibe...


27 posted on 03/02/2012 6:50:38 PM PST by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Venturer

They’ve already changed W-2 forms I think it is to make space for obamacare crap.


28 posted on 03/02/2012 7:03:10 PM PST by visualops (artlife.us)
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To: Cyman; dinodino

“$200,000 dollars is a lot of paper...”
_______________________________________

Not really. Take out ten new bills from your pocket and stack them up. Compressed they measure less than 1/16th of an inch.

$200,000 in new $100.00 bills would be a 12.5 inch stack that could easily concealed inside pockets, etc.

Cyman, you really don’t think the ATF guys just met each other the night of the raid, do you? They’re a ‘brotherhood’ that hang out with each other all the time, i.e., golfing, partying, fishing, hunting, poker games. Not to mention all the time they are practicing at the range or prepping for a raid.

BATFE agents most likely took the cash. Bet on it. The problem? How does this couple prove they had that much cash?


29 posted on 03/02/2012 7:48:15 PM PST by panaxanax (0bama >>WORST PRESIDENT EVER.)
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To: Altariel

They can pick up that two thousand dollars at their local police station at any time.


30 posted on 03/02/2012 7:48:34 PM PST by SkyDancer ("No Matter How The People Vote There Will Always Be A Federal Judge To Over Turn It")
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To: Altariel

It’s SF and I would believe the people even if they only had a dog to back their claim before I would believe the QFP SF Police!


31 posted on 03/02/2012 8:07:03 PM PST by RetiredTexasVet (There's a pill for just about everything ... except stupid!)
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To: panaxanax
The problem? How does this couple prove they had that much cash?

Eventually the problem is going to be that nobody is going to trust a cop at all if the good ones can't keep the bad ones out.

Thieves should be shot, and busting drug dealers in between thefts doesn't make you not a thief.

32 posted on 03/02/2012 8:17:48 PM PST by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: kiryandil
Nope, just got back on line, hot shot.

The couple would have been about 3 years old during the depression, if they even lived in the U.S.

Only an Idiot keeps 200k in cash, or a criminal. In all likelihood, these folks are just making it up.

33 posted on 03/02/2012 9:00:42 PM PST by South Hawthorne (In Memory of my dear Friend Henry Lee II)
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To: Responsibility2nd

You have no problem with the BATF trampling on the Constitution, so long as they do it to other people?


34 posted on 03/02/2012 9:06:04 PM PST by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

“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.”

So, the Bill of Rights forbids the Federal government from depriving us of our liberties, but the Federal government can immunize its agents against the repercussions of such deprivations by passing a bill. Isn’t democracy grand?


35 posted on 03/02/2012 9:12:21 PM PST by Boogieman
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To: Altariel

They’re so used to stealing drug money and getting away with it, they must have forgot that people might actually care when they steal from ordinary citizens.


36 posted on 03/02/2012 9:14:07 PM PST by Boogieman
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To: South Hawthorne

I know several people who have large amounts of cash/precious metals in their house, especially since the recent massive bank failures, and none of those people are criminals. I’m quite certain there are a number of FReepers from the “prepper” community who have assets stashed for a “rainy day” in their homes or bugout locations.


37 posted on 03/02/2012 9:16:46 PM PST by Boogieman
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To: Cyman

Well, it would be more a more implausible scenario if things like this didn’t happen repeatedly in pretty much every major vice department in the country. It seems that if you put cops in a position where they have regular access to untraceable funds, there will always be a few that can rationalize siphoning some off for themselves. Why should we think that ATF agents are any different?


38 posted on 03/02/2012 9:21:56 PM PST by Boogieman
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To: OldSmaj

” I cannot fathom why the ATF would have an interest, unless they could prove it was connected to a crime.”

The current laws say they don’t have to have any proof that it was connected to a crime to legally confiscate it. All they have to do is suspect it might be proceeds from criminal activity, and they can take it. After that, the burden of proof is on YOU to establish that it wasn’t criminal proceeds if you want to get it back.


39 posted on 03/02/2012 9:24:43 PM PST by Boogieman
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To: Boogieman
I know several people who have large amounts of cash/precious metals in their house

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.

40 posted on 03/02/2012 9:30:00 PM PST by South Hawthorne (In Memory of my dear Friend Henry Lee II)
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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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