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Minnesota couple wants $48k in cash seized by Iowa police returned
BringMeTheNews ^ | Apr 26, 2014 | Shaymus McLaughlin

Posted on 05/01/2014 8:50:48 AM PDT by bkopto

Iowa City police seized $48,000 in cash from a Minnesota couple during a traffic stop in March. They want it back – but that’s been proving difficult, the Iowa City Press-Citizen reports.

The publication says Kearnice C. Overton, of St. Paul, was pulled over March 16 for speeding. Overton’s kids were in the car at the time. Police say a K-9 signal gave them the authority to search the car, the Press-Citizen reports. So they did, found the $48,000 in cash, and seized it.

Overton says he got the money from his wife, Tiffani D.S. Barber, to buy some property in Iowa; he drove down there, the deal fell through so he was on his way home. Barber and Overton filed a petition stating the money was wrongly seized – no charges were filed, Overton was not arrested, and he claims it wasn’t illegally earned – and they want it back, the Press-Citizen reports.

But things have become more complicated: The Press-Citizen now reports the cash is part of a federal investigation.

According to the paper, court documents filed Monday show the money is no longer being held by Iowa authorities – but the files offer no details on what the federal investigation is about.

The Press-Citizen notes a hearing regarding the seized cash is still set for May 6.

A similar story of police seizure turned out well for a Moorhead woman.

WCCO reported on a tip received by waitress Stacy Knutson back in 2012 – rolls of cash, left in a box at a table she was serving, totaling $12,000.

The mother of five called police to notify them, the station reported; police said they’d hold it for 90 days in case it was claimed. But when Knutson tried to get it back, she was told it was now being held as drug money.

In April, Knutson’s attorney said Moorhead police had agreed to give back the entire sum, the station reported. Last year, The New Yorker published a lengthy piece about civil forfeiture and its increased use across the country.

Seizing illicitly-gained money can be appealing, the publication noted, because it can oftentimes be used right away by law enforcement to help combat crime.

“In Tulsa, Oklahoma, cops drive a Cadillac Escalade stenciled with the words ‘This Used To Be a Drug Dealer’s Car, Now It’s Ours!”” the piece said. “In Monroe, North Carolina, police recently proposed using forty-four thousand dollars in confiscated drug money to buy a surveillance drone … “

And unlike a criminal forfeiture, which can only happen if a person is convicted, a civil forfeiture can occur even if you haven’t been found guilty.


TOPICS: Extended News; US: Iowa; US: Minnesota
KEYWORDS: donutwatch; iowa; minnesota
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One moral of this story: the civil rights of the people are at the mercy of police dogs.
1 posted on 05/01/2014 8:50:48 AM PDT by bkopto
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To: bkopto

The probably had the family cat with them. So the K-9 got anxious, etc.


2 posted on 05/01/2014 8:56:10 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: bkopto

Raises an interesting question, since the police found nothing illegal, what exactly did the dog alert to? To me this means either the dog is fallible or his handler is a lying POS. In either case any evidence in any case found as a result of this duo should be tossed.


3 posted on 05/01/2014 8:57:35 AM PDT by RightOnTheBorder
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To: bkopto

Moral in the case of the waitress. Keep it to yourself unless someone actually come back in the restaurant asking.


4 posted on 05/01/2014 8:57:48 AM PDT by Resolute Conservative
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To: bkopto
The difference between government and a shakedown/protection racket is the fancy uniforms.

/johnny

5 posted on 05/01/2014 9:02:02 AM PDT by JRandomFreeper (Gone Galt)
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To: bkopto
“In Tulsa, Oklahoma, cops drive a Cadillac Escalade stenciled with the words ‘This Used To Be a Drug Dealer’s Car, Now It’s Ours!”” the piece said. “In Monroe, North Carolina, police recently proposed using forty-four thousand dollars in confiscated drug money to buy a surveillance drone … “

It should read, "The person who used to own this couldn't prove that they deserved it."

6 posted on 05/01/2014 9:02:13 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: Resolute Conservative

“I was walking down fifth avenue today and I found a wallet, and I was gonna keep it, rather than return it, but I thought: well, if I lost a hundred and fifty dollars, how would I feel? And I realized I would want to be taught a lesson.” ~Emo Philips


7 posted on 05/01/2014 9:03:13 AM PDT by Ready4Freddy
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To: bkopto

Getting to the point that we have to question do we trust the police anymore.


8 posted on 05/01/2014 9:03:20 AM PDT by Logical me
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To: RightOnTheBorder

I get pulled over about 3 times a year. I’m 60. No k-9 has ever been used on a car I was in, nor was I ever searched.

So, why the dog? And what an amazing coincidence that when they DID use a dog, there was a huge amount of money.

Don’t get me wrong. If there is no crime and no charges, this case reduces the cops to simple theives.


9 posted on 05/01/2014 9:03:26 AM PDT by cuban leaf
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To: bkopto

http://www.8newsnow.com/category/28259/8-news-now-video?autoStart=true&topVideoCatNo=default&clipId=10106508


10 posted on 05/01/2014 9:04:08 AM PDT by US_MilitaryRules (Did you just get off the short bus or what?)
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To: Logical me

Getting to the point that we have to question do we trust the police anymore.


That question got answered to my satisfaction decades ago. Literally.


11 posted on 05/01/2014 9:04:29 AM PDT by cuban leaf
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To: Resolute Conservative
Moral in the case of the waitress. Keep it to yourself unless someone actually come back in the restaurant asking.

I once had a 16' flatbed trailer abandoned on my property. I called the police, presuming it had been stolen, emptied, and dumped. After taking the report, the officer asked if I wanted it hauled away. I inquired what would happen if it were, and what would happen if I kept it. He stated the city would sell it if not claimed, or I could keep it, but would have to give it up if claimed. I told him he had my number in the report, if they found the owner, and to told him goodbye.

12 posted on 05/01/2014 9:05:51 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: bkopto

[ Police say a K-9 signal gave them the authority to search the car, ]

The Rule of DOG over the rule of GOD....

WE HAVE SLIPPED THIS FAR FOLKS!!!!


13 posted on 05/01/2014 9:06:26 AM PDT by GraceG
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To: SampleMan

[ After taking the report, the officer asked if I wanted it hauled away. ]

They probably would have charged you for hauling it away too....


14 posted on 05/01/2014 9:07:24 AM PDT by GraceG
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To: bkopto

Cops are gonna shoot the family dog. Cops are gonna seize the cash in your car. Who don’t know this by now?

Even if this family was not involved in the drug trade, they were stupid to have this amount of cash in their car.

Good luck on getting it back.


15 posted on 05/01/2014 9:09:06 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: bkopto; GeronL
Police say a K-9 signal gave them the authority to search the car

Divining rod work if no dog is available?

16 posted on 05/01/2014 9:10:15 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: bkopto
I've heard of these laws...”civil seizure” (my words).I just might be able to support a variation of such laws...but as they're currently worded/enforced they're BS.If they were set up where a temporary seizure took place and the city/county/state doing the seizure had “X” number of days to file criminal charges that are connected to that money I might support it.Other safeguards would be needed...for example,if charges *are* filed and the verdict is “not guilty” then the government pays the defendant's legal fees...*and* they're open to lawsuits by the defendant.
17 posted on 05/01/2014 9:10:41 AM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: bkopto
Civil forfeiture should be illegal. It's unconstitutional.

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

18 posted on 05/01/2014 9:12:10 AM PDT by DannyTN
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To: bkopto
Civil forfeiture should be illegal. It's unconstitutional.

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

19 posted on 05/01/2014 9:12:10 AM PDT by DannyTN
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To: Responsibility2nd
they were stupid to have this amount of cash in their car.

Really? Why?

It's perfectly legal.

Instead of cowering and letting the bullies get away with it, it's time to stand and make the BS stop.

/johnny

20 posted on 05/01/2014 9:12:43 AM PDT by JRandomFreeper (Gone Galt)
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To: GraceG

Is a psychic dog better or worse authority than a jailhouse “snitch” who told investigators that a convicted criminal “confessed” to murdering two teenaged girls who’ve since turned up dead in a river of a mere traffic accident?


21 posted on 05/01/2014 9:13:33 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: bkopto

Another victim of the War on Drugs and the civil asset forfeiture laws passed in its name. Anyone who’s surprised at all by these stories hasn’t been paying attention, because this has been going on for 20 years or more now.


22 posted on 05/01/2014 9:14:21 AM PDT by -YYZ- (Strong like bull, smart like tractor.)
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To: cuban leaf
I get pulled over about 3 times a year. I’m 60

I'm older than you and have been pulled over 4 times in my entire life....and got one ticket,which I fought in court and won.Either I'm doing something right or you're doing something wrong. ;-)

23 posted on 05/01/2014 9:14:25 AM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
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To: Responsibility2nd

Meanwhile Willie Nelson can keep his bus and career after being busted with large quantities of pot and psychedelic mushrooms onboard.

Two Americas indeed.


24 posted on 05/01/2014 9:14:50 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: RightOnTheBorder
To me this means either the dog is fallible or his handler is a lying POS.

Let's be honest, the way dogs are being used now is to specifically circumvent "probable cause" requirements for searches. It's perfect; you want to search a car, you call the dog in. You give it a hand signal and it does what it does to indicate it's found something. And it cannot be questioned in court. You can't put the dog on the stand and ask what it smelled. If the cops find nothing, they just shrug.

25 posted on 05/01/2014 9:15:12 AM PDT by Bubba Ho-Tep ("The rat always knows when he's in with weasels"-- Tom Waits)
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To: -YYZ-

If there really is a war on drugs, why isn’t Willie Nelson in jail for transporting dealer quantities of narcotics?


26 posted on 05/01/2014 9:15:43 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: Gay State Conservative

I’m older than you and have been pulled over 4 times in my entire life....and got one ticket,which I fought in court and won.Either I’m doing something right or you’re doing something wrong. ;-)

Sometimes the make of cars is a “red flag” and/or the license plate number....

Maybe try getting new plates


27 posted on 05/01/2014 9:17:44 AM PDT by GraceG
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To: bkopto

Why isn’t some enteprising news agency doing investigative stings on the police dept abuses of the citiz.......

Oh...

Right...

That would require actual Journalism and risk...


28 posted on 05/01/2014 9:19:06 AM PDT by GraceG
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To: JRandomFreeper

“It’s perfectly legal.”

_____________________________________

Yeah. Sure it is. And per the gubmint - its perfectly legal to seize the money.

Being legal is one thing. Being wise, prudent and smart with 50 large in you car with no credible reason is another.


29 posted on 05/01/2014 9:21:36 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: a fool in paradise

Well, yes and no.

Remember Willie later “got his” when the IRS took all he had. If the gubmint don’t get you here - they will get you there.


30 posted on 05/01/2014 9:23:46 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: RightOnTheBorder
since the police found nothing illegal, what exactly did the dog alert to?

There's probably no U.S. bill in circulation that hasn't been rolled-up and used to snort cocaine. It's truly filthy money and a dog alerting to it is no proof a crime has been committed. We've become a police state.

31 posted on 05/01/2014 9:25:00 AM PDT by Bernard Marx
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To: RightOnTheBorder

I am betting on lying pos


32 posted on 05/01/2014 9:25:36 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: bkopto

Despite the fact this is legalized highway robbery, anyone by now should know that it exists and take the precautions. It’s also a fact that most cash has drug traces on it and will automatically set off the dog.

Seal the money in a ziploc back inside another, both sprayed with Febreze, inside a hermetic sealed lockbox, inside a locked suitcase filled with clothes, sprayed again with Febreze, and locked in the trunk. Wash your hands after handling the money.

A little effort will go a long way in avoiding having it happen in the first place.


33 posted on 05/01/2014 9:27:58 AM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead...)
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To: George from New England

The whole “ the dog indicated” is BS. The handler can EASILY teach the dog to indicate with a subtle signal from the officer. So anyone can be searched if they want to.


34 posted on 05/01/2014 9:28:19 AM PDT by Kozak ("It may be dangerous to be America's enemy, but to be America's friend is fatal" Henry Kissingerhaha)
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To: cuban leaf

Why do you get pulled over three times a year I am nearing 55 and have been pulled over a little of 3 times in my life


35 posted on 05/01/2014 9:28:55 AM PDT by al baby (Hi MomÂ…)
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To: RightOnTheBorder

K9 Alerts to justify search:

1 - Dog breathing hard.

2 - Dog not breathing hard.


36 posted on 05/01/2014 9:29:00 AM PDT by Iron Munro (Malaysia Flight MH370 Black Box signals reported in Bermuda Triangle)
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To: Responsibility2nd

Willie paid off his IRS debt long before his recent (past couple years) drug infraction. And the national media questioned how the authorities could “hassle” a “legend” like Willie.

Same as the prosecution (and walk) of Billy Joe Shaver for shooting a man in the face at a bar.


37 posted on 05/01/2014 9:30:04 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: bkopto

You can train a dog to do most anything on verbal or visual commands. A slight finger movement, dog hits on the suspect car, you just lost all your stuff. If you don’t think it happens every day, well......


38 posted on 05/01/2014 9:30:37 AM PDT by beelzepug (You can't fix a broken washing machine by washing more expensive clothes in it.)
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To: GraceG

I’m 64 and drive a white F150 pickup with a Ruger decal on the back window. I also wear a white baseball cap that says “Springfield M1 Garand” on it. I also have a loaded 1911 in my console.

I have never been pulled over. [But I also live in a north Georgia county where that is probably the norm]


39 posted on 05/01/2014 9:30:46 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: Free Vulcan

And if they searched your car for some reason anyway, and found your money quadruple-sealed and double-sprayed, then they would really think you had something to hide.

Civil forfeiture laws without trial are an obscene violation of the Constitution, and a swift road to police corruption.

And as a practical matter, the War on Drugs is a failure and is the cause of the corruption.


40 posted on 05/01/2014 9:37:26 AM PDT by heartwood
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To: George from New England

The K-9 knew what to do and knew what would happen if he failed!


41 posted on 05/01/2014 9:37:47 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: bkopto

Gee, I didn’t know dogs could smell money.


42 posted on 05/01/2014 9:38:09 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: bkopto

“Police say a K-9 signal gave them the authority to search the car”

How does a court or jury verify that this happened and that it’s true?


43 posted on 05/01/2014 9:39:05 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Free Vulcan

Use a cashiers check, as you say most large bills have coke traces. If you want to deal in large amounts of cash have the person you are dealing with come to you.


44 posted on 05/01/2014 9:39:49 AM PDT by Little Bill (EVICT Queen Jean)
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To: bkopto

All your everything belong to us. Guilty until proven guilty. I don’t trust the government especially their gangster thugs in a uniform. They can kill you andteal all your property and you can’t do a thing about it. And if there are “good” cops out there. I don’t trust them one bit either.


45 posted on 05/01/2014 9:41:57 AM PDT by Organic Panic
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To: RightOnTheBorder

how about cocaine on the money


46 posted on 05/01/2014 9:45:13 AM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: Responsibility2nd
Being legal is one thing. Being wise, prudent and smart with 50 large in you car with no credible reason is another.

Guess you didn't bother to read the whole story. Short attention span? Only read headlines?

47 posted on 05/01/2014 9:46:36 AM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: bkopto
Based on past responses to War on Drugs threads, there are unfortunately many Freepers who support this.
48 posted on 05/01/2014 9:46:43 AM PDT by gdani (Every day, your Govt surveils you more than the day before)
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To: 2nd amendment mama

Rather than make baseless accusations and then follow up with stupid questions, suppose you make a rational argument as to why you disagree with me


49 posted on 05/01/2014 9:55:00 AM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: bkopto

Since the deal that fell through AND the alleged police stop both happened in Iowa, how do we know this wasn’t a setup from the get go. Get out-of-staters to drive down on a cash only deal, raise the price so the deal gets called off. Then use you LEO buddies to grab all the cash before they leave the county or state.

??

Just saying.


50 posted on 05/01/2014 9:57:28 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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