Man Loses $22,000 In New 'Policing For Profit' Case

[cz75luver]

I didn't see this posted anywhere and thought I'd share. Unbelievable what some states are able to get away with.

Man Loses $22,000 In New 'Policing For Profit' Case - NewsChannel5.com | Nashville News, Weather & Sports

By Phil Williams
Chief Investigative Reporter
MONTEREY, Tenn. -- "If somebody told me this happened to them, I absolutely would not believe this could happen in America."

That was the reaction of a New Jersey man who found out just how risky it can be to carry cash through Tennessee.

For more than a year, NewsChannel 5 Investigates has been shining a light on a practice that some call "policing for profit."

In this latest case, a Monterey police officer took $22,000 off the driver -- even though he had committed no crime.

"You live in the United States, you think you have rights -- and apparently you don't," said George Reby.

As a professional insurance adjuster, Reby spends a lot of time traveling from state to state. But it was on a trip to a conference in Nashville last January that he got a real education in Tennessee justice.

"I never had any clue that they thought they could take my money legally," Reby added. "I didn't do anything wrong."

Reby was driving down Interstate 40, heading west through Putnam County, when he was stopped for speeding.

A Monterey police officer wanted to know if he was carrying any large amounts of cash.

"I said, 'Around $20,000,'" he recalled. "Then, at the point, he said, 'Do you mind if I search your vehicle?' I said, 'No, I don't mind.' I certainly didn't feel I was doing anything wrong. It was my money."

That's when Officer Larry Bates confiscated the cash based on his suspicion that it was drug money.

"Why didn't you arrest him?" we asked Bates.

"Because he hadn't committed a criminal law," the officer answered.

Bates said the amount of money and the way it was packed gave him reason to be suspicious.

"The safest place to put your money if it's legitimate is in a bank account," he explained. "He stated he had two. I would put it in a bank account. It draws interest and it's safer."

"But it's not illegal to carry cash," we noted.

"No, it's not illegal to carry cash," Bates said. "Again, it's what the cash is being used for to facilitate or what it is being utilized for."

NewsChannel 5 Investigates noted, "But you had no proof that money was being used for drug trafficking, correct? No proof?"

"And he couldn't prove it was legitimate," Bates insisted.

Bates is part of a system that, NewsChannel 5 Investigates has discovered, gives Tennessee police agencies the incentive to take cash off of out-of-state drivers. If they don't come back to fight for their money, the agency gets to keep it all.

"This is a taking without due process," said Union City attorney John Miles.

A former Texas prosecutor and chairman of the Obion County Tea Party, Miles has seen similar cases in his area.

He said that, while police are required to get a judge to sign off on a seizure within five days, state law says that hearing "shall be ex parte" -- meaning only the officer's side can be heard.

That's why George Reby was never told that there was a hearing on his case.

"It wouldn't have mattered because the judge would have said, 'This says it shall be ex parte. Sit down and shut up. I'm not to hear from you -- by statute," Miles added.

George Reby said that he told Monterey officers that "I had active bids on EBay, that I was trying to buy a vehicle. They just didn't want to hear it."

In fact, Reby had proof on his computer.

But the Monterey officer drew up a damning affidavit, citing his own training that "common people do not carry this much U.S. currency."

"On the street, a thousand-dollar bundle could approximately buy two ounces of cocaine," Bates told NewsChannel 5 Investigates.

"Or the money could have been used to buy a car," we observed.

"It's possible," he admitted.

NewsChannel 5 Investigates asked Bates if Reby had told him that he was trying to buy a car?

"He did," the officer acknowledged.

"But you did not include that in your report," we noted.

"If it's not in there, I didn't put it in there."

So why did he leave that out?

"I don't know," the officer said.

Bates also told the judge the money was hidden inside "a tool bag underneath trash to [deter] law enforcement from locating it."

"That's inaccurate," Reby said. "I pulled out the bag and gave it to him."

And even though there was no proof that Reby was involved in anything illegal, Bates' affidavit portrays him as a man with a criminal history that included an arrest for possession of cocaine.

That was 20-some years ago," the New Jersey man insisted.

"Were you convicted?" we wanted to know.

"No, I wasn't convicted," he answered.

But Officer Bates says that arrest -- which he acknowledged was old -- was still part of the calculation to take Reby's money.

"Am I going to use it? Yes, I'm going to use it because he's been charged with it in the past -- regardless of whether it's 10 or 15 years ago," he said.

Attorney John Miles said he's frustrated with attitudes toward Tennessee's civil forfeiture laws, which make such practices legal.

"We are entitled not to be deprived of our property without due process of law, both under the Tennessee Constitution and the federal Constitution -- and nobody cares," Miles said.

"Nobody cares."

This year, state lawmakers debated a bill to create a special committee to investigate these "policing for profit" issues. That bill died in the last days of the legislative session.

After Reby filed an appeal, and after NewsChannel 5 began investigating, the state agreed to return his money -- if he'd sign a statement waiving his constitutional rights and promising not to sue.

They also made him come all the way from New Jersey, back to Monterey to pick up a check.

He got the check, but no apology.

"If they lied about everything in the report, why would they apologize?" Reby said.
And, with that, he was ready to put Tennessee in his rearview mirror.

"I really don't want to come back here," he said.

As for the appeals process, Reby was able to provide us and the state with letters from his employers, showing that he had a legitimate source of income.

It took him four months to get his money back, but it usually takes a lot longer for most people.

And that, Miles said, works to the benefit of the police.

He had two clients where police agreed to drop the cases in exchange for a cut of the money -- $1,000 in one case, $2,000 in another. In both cases, that was less than what they might have paid in attorney fees.

[WarLord]

thats sickening. he shouldve told him no to the damn search...

[drs1321]

That's ridiculous. If he had found a kilo of cocaine in the trunk, sure, seize the cash based of the belief that it's drug money. It's a good thing he didn't have a pocket knife on him...it could have got confiscated for suspicion of murder! He had no reason to take that money, and his comments make him seem like a moron. Okay....you put your money in the bank. The driver didn't want to. Is it illegal to do so?

[dhgunit]

This is why you never, never, never, never, never, never, ever consent to an officer searching your vehicle. No matter what they say, no matter if you have never even broken a traffic law.

There are two enemies to my life, liberty, and pursuit of happiness in this country. Criminals and cops.

And I don't even want to tell you what I think Officer Bates deserves........he is the scum of the planet.

[rok]

Well crap I guess its plastic only in tenessee! Although they will probably take it and put a gun to your head for the pin!

[Eremius]

Originally Posted by dhgunit

This is why you never, never, never, never, never, never, ever consent to an officer searching your vehicle. No matter what they say, no matter if you have never even broken a traffic law.

For clarification: EVER EVER EVER EVER EVER

[dhgunit]

Originally Posted by Eremius

For clarification: EVER EVER EVER EVER EVER

You don't have to be a jerk about every post of mine.

And yes, apparently I do need to clarify because people still consent to searches all the time.

[Eremius]

Originally Posted by dhgunit

You don't have to be a jerk about every post of mine.

And yes, apparently I do need to clarify because people still consent to searches all the time.

Slow down with the persecution complex, I was agreeing with you.

[drs1321]

^ yeah dude, I perceived it as Eremius backing up your statement as well.

[CrAz3D]

OMG? another cop/PD you can't trust? I'm totally shocked.