in Houston, Texas
mySA.com: Police seize property, cash from out-of-towners driving through Tenaha
Monday, Feb 09, 2009, 01:12PM CST
By Matt Pulle
It sounds like the work of a cop shop  in a tin-pot dictatorship:  Authorities seizing and keeping property and cash from out-of-town motorists who never were charged with a crime.

But, in fact, this is happening right here in our state in the East Texas town of Tenaha. There, the San Antonio Express-News reports that cops are using the state’s asset seizure law to confiscate everything from “cash, cell phones, personal jewelry, a pair of sneakers, and often, the very car that was being driven through town.”

The asset seizure law is rather broad as it allows authorities to confiscate property from suspects that may have been used in the act of a certain crime. But here’s where things get ridiculous: Even if the suspects aren’t ever charged, prosecutors and cops get to keep their loot. That’s a confounding provision of the law which critics say only encourages them to abuse it for their own ends.

The Express-News story cites the example of one great-grandmother from Akron, Ohio, who had $4,000 confiscated from her after she was stopped on her way to Houston. The police report made no mention that anything illegal was found in her vehicle. The woman’s attorney, David Gullory, has filed lawsuits on behalf of nine clients who had their property seized. Interestingly, all were black.
Guillory is suing officials in Tenaha and Shelby County on behalf of (the great-grandmother) and nine other clients whose property was confiscated. All were African-Americans driving either rentals or vehicles with out-of-state plates.

State Sen. John Whitmire told the Express-News that it's time to rewrite the state's asset seizure law:
"The idea that people lose their property but are never charged and never get it back, that’s theft as far as I’m concerned,” he said.

Read more at the Defending People blog by lawyer Mark Bennett
at South Texas Chisme, 'a collection of South Texas political gossip'
and at the Drudge Retort.
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