And this is why you don't consent to search...

[MotoSook]

Despite court order, Aurora refuses to return seized cash - Chicago Breaking News


According to the complaint filed by their lawyer, Jesus Martinez and his passenger cooperated with the Aurora officer who stopped them. Martinez consented to be personally searched, and he allowed police to search his pickup. A canine unit was called in to assist.

The officer found the sack of cash and asked Martinez about it; he said it was the family's savings. Colton said Jesus Martinez had just picked up cash his brother had collected from other family members and was on his way to his father's to give him the money so his father could pay off his mortgage and retire to Mexico.


The judge ordered the city to return the $190,040, along with a month's interest and costs. But Kinnally said that when he brought the order to Aurora, the city refused to turn over the cash, saying it planned to appeal the judge's order.


I grew up in Aurora....it's not a pretty town...but what's happening is making the town look just like the hood rats that have taken over the town.

[LakeCleElum]

Originally Posted by Soukus

Despite court order, Aurora refuses to return seized cash - Chicago Breaking News

he said it was the family's savings. Colton said Jesus Martinez had just picked up cash his brother had collected from other family members and was on his way to his father's to give him the money so his father could pay off his mortgage and retire to Mexico.
.
.

So, we can assume that Jesus can show where the money was legally earned and kept prior to getting stopped? Usually cannine's find cash with drug residue on it......

[audiman08]

Well he shouldn't have to prove anything, unless there were drugs/drug residue/evidence that his story didn't add up. You are innocent until proven guilty not guilty until you prove yourself innocent...not that it's not fishy, but we have rules about these things.

[UconnTim97]

Most US currency has drug residue on it, cocaine is the most common.

[vash]

BS!! i know a little old chinese lady that has a major fear of banks.

this story blows. burden of proof is with the government BOB.

[Gogar]

Originally Posted by LakeCleElum

So, we can assume that Jesus can show where the money was legally earned and kept prior to getting stopped? Usually cannine's find cash with drug residue on it......

He doesn't have to 'prove' a damn thing.

[stomachmonkey]

Buddy of mines family had a butcher shop/mini supermarket.

Had a regular client who was old as dirt.

She came in every week to shop and paid with a crisp brand new looking $100 bill.

Had been doing so for 30 years or more.

His father said the newest bill she ever used was from the 40's.

Give the guy his money back.

[Jeff Higgins]

Time for the court to hold whoever refused their lawful order in contempt of court and have him jailed immediately until such time as the cash is returned to its lawful owner.

As others have correctly pointed out, Martinez does not have to prove a god damn thing. The ENTIRE burden of proof is upon the authorities to prove that the money was obtained illegally. You should know that, Bob.

[vash]

seriously. i get nervous carrying huge amounts of cash. i am as equally nervous about getting robbed, as well as having some idiot law enforcement guy jump to some stupid conclusion.

i watched some vietnamese family buy a car with cash. the cashier had to photocopy all the bills!! i cant believe large piles of money makes people suspicious now..it used to just mean the dude can make money and save.

[stomachmonkey]

Originally Posted by LakeCleElum

So, we can assume that Jesus can show where the money was legally earned and kept prior to getting stopped? Usually cannine's find cash with drug residue on it......

Seems like that's what the town may have thought and assumed he would not come looking for it. Then they spent it.

"In the course of its average 20 months in circulation, U.S. currency gets whisked into ATMs, clutched, touched and traded perhaps thousands of times at coffee shops, convenience stores and newsstands. And every touch to every bill brings specks of dirt, food, germs or even drug residue.

Research presented this weekend reinforced previous findings that 90 percent of paper money circulating in U.S. cities contains traces of cocaine."

Source. 90 percent of U.S. bills carry traces of cocaine - CNN

[Rikao4]

it's the American way..
you // they go to court..
don't like what they decide..
appeal or sue..

Rika

[Tobra]

Originally Posted by stomachmonkey

Buddy of mines family had a butcher shop/mini supermarket.

Had a regular client who was old as dirt.

She came in every week to shop and paid with a crisp brand new looking $100 bill.

Had been doing so for 30 years or more.

His father said the newest bill she ever used was from the 40's.

Give the guy his money back.

Old bank robber's moll

I am with the hippie musician, this guy does not have to prove anything. I think there are strings attached to transactions >$10K though.

[doug_porsche]

Originally Posted by Tobra

I think there are strings attached to transactions >$10K though.

There was no transaction. OK the only transaction was the officer confiscating the money.

There is paperwork required move that amount of cash out of the country.

I say sue for damages, wait....
A municipality can not be sued for damages.

either charge him with a crime, or be charged with contempt!

[Porsche-O-Phile]

Yep. There was a racket going years ago when I lived in FL over "drug traces" on currency. One of the sheriffs (I think it was Osceola County but I might be mistaken) encouraged profiling and would confiscate the cash and cars of any profiling victims that happened to have more than about $1,000. There's apparently traces of cocaine on EVERY bill in circulation and because of this the cash could be seized as evidence. The cars were sold off, crushed or put into service in LE. Total racket. I think it ended badly for the sheriff but don't recall - maybe someone down there remembers this. My point is that cash/currency ALWAYS has some miniscule trace of drugs on it. Probably semen and god-knows-what-else too. Filthy stuff - one reason I hate carrying it...

[MotoSook]

The city says HOMELAND SECURITY has the money now.

[sammyg2]

What does hey-zoose's arrest record look like?
Has he ever been busted for possession with intent to distribute?
Just curious.

[stomachmonkey]

Originally Posted by sammyg2

What does hey-zoose's arrest record look like?
Has he ever been busted for possession with intent to distribute?
Just curious.

Read the article.

No criminal record. Small business owner. And appears to be the only Mexican in the country legally.

[widgeon13]

I expect we will be seeing a lot more of this, even though it is blatant theft by the government.

"Jesus Martinez received a certified letter last weekend from U.S. Customs and Border Protection. Dated Dec. 2, the letter states the Department of Homeland Security/Immigrations and Customs Enforcement seized the money from Aurora, and that the cash is subject to forfeiture under U.S. codes dealing with drug transactions."

[MotoSook]

During the week I wear dry cleaned and pressed clothes to the office in the BMW. On the weekend I wear ripped and torn or stained clothes while I'm running around and drive the old pickup. Occasionally I drive through Aurora and occasionally have an unusually large amount of cash on me (not $190k). Sometimes I drive the BMW or the 911. If I get profiled and I consent to search....I'd have to prove my innocence?

Some of my HS chums are on the force...it'll be interesting to hear what thy have to say about this.

[slakjaw]

Man. that sucks!