Man claims Oklahoma Highway Patrol seized money, but it was not drug-related
The scent of smoked marijuana was thick as Oklahoma state trooper Joe Kimmons sifted through the trunk of the car.
In it he found a black duffle bag stuffed with fabric softener sheets a common tool for masking the smell of drugs. He also found a large roll of trash bags another common find in the car of a drug trafficker.
Kimmons rummaged through another duffle bag and found a white bank envelope. In the envelope was $14,000 in cash.
It was a dark, warm morning in August 2008, and minutes earlier, Kimmons had reported finding marijuana residue in the car and on the pants of an Illinois man who was riding in the car.
Burr could not be reached for comment last week, but his Oklahoma City-based attorney, Chad Moody, said troopers had no good reason to take the money.Nearly 21/2 years later, the stepfather of the man with the marijuana on his pants has been given a chance to get back the money he says wasn't tied to drugs and was his all along.
The state Court of Civil Appeals last month ruled that the stepfather deserves a day in court in which the state should have to prove the money was in fact drug money. A lower court had thrown out the stepfather's previous claim to the money, largely for procedural reasons.
The stepfather, Brooks Burr, has said he gave the money to his stepson to buy coins for him at a rare coin show in Las Vegas, court records show.
It's literally highway robbery that's literally what it is. They pull you over, they take your money, Moody said. I'm looking forward to our day in court.
In his affidavit, Kimmons listed the cell phones as an indicator of criminal activity. Another indicator was the fact that they were in another person's car Burr's.
Kimmons also reported criminal activity was likely because of the conflicting stories and behavior of Geyerman and Shaw, as well as several items found in the car, such as multiple air fresheners, a large roll of plastic trash bags, the duffel bags and the $14,000 in cash.
much more - lengthy, interesting article - at
oh well, sorry about his luck
don't believe a word of his story but even if I did, it's his own dang fault IMO
“Basically, if drugs and cash are in the same place, they say it's drug money,” Moody said.
makes sense to me!
um, and the lawyer Moody drives a yellow Volkswagon van painted with green marijuana leaves
why would anyone take him seriously?
I agree that, in this case, the story sounds fishy. But I do believe that many seizures of cash and property involving drug cases are unconstitutional.
Robbing fine upstanding drug dealers is plain wrong.
Hey, at least none of the Highway Patrol Officers took the money themselves.
Naw, in all honesty it does happen as we well know. I don't think in this case. The worse thing is when a cop takes it for himself. It's an ugly stain on every cop on the force. There's good and bad in every profession. Nothing worse than a dirty cop though. Again I believe the Oklahoma State Troopers on this one.
$14,000 is bank. What I couldn't but with $14,000.
Lemme guess...they're gonna test the money & say they found traces of cocaine on it.
(is it now 90% of bills circulated in the US has coke on them?)
That's what happened to a guy that got stopped in Louisiana - and he didn't get busted for drugs...IIRC, he only got a speeding ticket but LE took his $$ that he was going to buy farm equipment with, tested it, found traces of coke & kept it!
Maybe someone remembers; wasn't there a flap of such cases in OK a few years back? The Oklahoma HP was doing drug searches and tearing apart cars, scattering luggage contents, tearing into seats etc then when they found nothing, leaving the motorists without so much as an apology. Some of them got a runaround when trying to be reimbursed for damage to their vehicles.
I have no sympathy for drug dealers. But I also have little for over zealous cops who abuse their authority.
'Never stop fighting..never give up'
Kevin Kostner as Eliott Ness in 'The Untouchables'