Texas County authorities get flush shaking down motorists in the name of the war on drugs.NPR
reports The law states that authorities can confiscate your money without
ever charging you with a crime, as long as they can prove it's tied to
illegal activity -- but sometimes it happens even when they can't.
Jim
Wells County in the southern tip of Texas, named for a 19th century
political boss, has one of the most successful and aggressive highway
interdiction programs in the state.
In the past four years,
authorities have seized more than $1.5 million, primarily off of U.S.
Highway 281 -- a prime smuggling route for drugs going north and money
coming south.
"We've been working southbounders for the money and
weapons that are going back to Mexico," says Capt. Ray Escamilla of the
Jim Wells County Sheriff's Office. His office wall is covered with
pictures -- not of dope busts, but of piles of confiscated cash. He
recalls some of the big ones: "October 2001, $105,000. November 2003,
$99,000. October 2004, $668,000."
By seizing money from drug
cartel couriers, the sheriff's department -- once underfunded and poorly
equipped -- now can rely on drug assets for a third of its budget.
"We've
helped the schools [with] cops in school [and] vehicles," Escamilla
says. "I think every year we've bought three to four vehicles, all of
our equipment, guns, high-powered rifles, all bought with forfeiture
funds."
But has Jim Wells County become so reliant on seizing drug money that it's shaking down innocent motorists?
"You
don't want to take the money from any John Doe," Escamilla says. "If
you can't prove that it's been a criminal activity, reasonably
suspicious, probable cause, you don't want to take it, 'cause it'll
look bad in court."
And that's what happened in the case of Javier Gonzalez -- it looked bad in court.
'Did I Just Get Robbed?'
On
Oct. 20, 2005, Gonzalez says he was driving south on U.S. Highway 281
from Austin to Brownsville to look at a car and buy a gravestone for
his dying aunt. Gonzalez, who owns a car lot, was carrying $10,032 in a
briefcase.
"As I was driving south, I noticed a dark bluish
unmarked car that was taking radar. He basically got behind me,
followed me for a while," he says.
About 90 miles north of the
Mexican border, two sheriff's deputies of the Jim Wells County Task
Force pulled him over for driving without a front license plate.
"He
asked me to get out of the car. I did," Gonzalez says. "He asked me for
my driver's license and insurance. I gave it to him. He asked me if I
had weapons, drugs or large amounts of money. I told him I did."
The
police video shows Gonzalez with a shaved head, wearing baggy shorts,
standing beside a Mazda. The incident report states the deputies grew
suspicious when Gonzalez and his passenger both appeared nervous, and a
drug-sniffing dog signaled the presence of drugs. The deputies took
them in for questioning and searched the car. They found no drugs or
weapons. Though Gonzalez said he was a businessman and showed them a
credit card printed with the name of his car lot, the officers didn't
believe him.
"He suspected we were using the money to go south and buy drugs," he says.
The
deputies handed Gonzalez a waiver: If he signed over the money and did
not claim the currency, he could walk away free. If he did not sign the
waiver, he would be arrested for money-laundering. Gonzalez signed the
waiver and gave up rights to his money.
Thanks to J Godsey