Whatever they want to do...

That is where we are heading, (if we aren't already there), in terms of what 
govt. can do.  I know this is in the court system, but that it is even their in 
the first place is despicable.  Yet, nearly every state has civil forfeiture 
procedures just like this.  You're property isn't yours, you only hold at the 
pleasure of govt. official.

Mike F.  



http://www.chicagobreakingnews.com/2010/12/aurora-not-returning-money-it-seized-despite-a-court-order.html


Despite court order, Aurora refuses to return seized cash
December 9, 2010 8:24 AM | 6 Comments 
Aurora is trying to keep a little more than $190,000 it seized from two brothers 
after one of them was pulled over in a traffic stop that didn't even result in a 
traffic ticket.
Officials have refused to hand back the money even though a judge has sided with 
the brothers. The matter is due back in court today.
Jesus Martinez, 27, was carrying $190,040 when his pickup truck was stopped by 
an Aurora police officer about 8:30 p.m. Oct. 18 near Indian Trail and 
Timberlake roads.
The police officer confiscated the cash, and the city has informed Martinez and 
his brother, Jose, 34, that Aurora will seek to keep it through civil 
forfeiture, a procedure that allows police agencies to seize property where the 
legal standard is lower than proof needed in a criminal forfeiture.
The brothers are home remodelers. Neither has been charged with a crime in this 
case, and neither has a criminal record, according to Kane County court records.
"I've never seen anything like this in 30 years of practice," said Aurora 
attorney Patrick Kinnally, who is representing the brothers.
A month after the stop, Kinnally filed a complaint arguing that Aurora had no 
right to keep the money. Eleven days after that, Kinnally and lawyers 
representing Aurora appeared before Kane County Circuit Judge Michael Colwell.
"Their lawyers basically said the city was going to file for forfeiture," 
Kinnally said. "The judge asked on what basis. The lawyer said, 'We don't know,' 
and the judge said: 'This is America. Give it back.'"
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.
Aurora argued that the judge had overstepped his authority, but the 2nd District 
Appellate Court in Elgin rejected the appeal on Monday on technical grounds. 

Aurora's legal department has not responded to requests for information. And it 
now appears that the city no longer has the cash.
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.
Geneva attorney Kathleen Colton, who initially was approached by the Martinez 
family, said the brothers are "absolutely not involved in drugs or drug 
dealing."
Colton did defend another Martinez brother and a cousin on 2002 drug charges. 
The men were convicted, but an appeals court later overturned the convictions. 
The charges against them were dropped, though both men were deported because 
they were not in the U.S. legally.
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.
-- Clifford Ward

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