The New America We're Living In -- Police State America
Try something -- being shocked like you would about this if it were 1990.
Jdogue1 writes at LSU's Law Review about Fiore v. Walden -- yet another story of a cop confiscating people's cash and making them prove that it wasn't illicitly obtained. (What a quaint reverse on "innocent until proven guilty," huh?)
Airport security searches are a hassle to all travelers. While most passengers make it through a checkpoint with all of their belongings intact, others are not so lucky. Often, personal items such as lighters, face razors, and hand lotion are seized and discarded, much to the dismay of the items' owners. While losing one's favorite brand of shampoo to a security search can easily be written off as a necessary inconvenience of modern-day air travel, losing a personal item worth nearly $100,000 is much harder to stomach. But this is exactly what happened to professional gamblers Gina Fiore and Keith Gipson when Atlanta DEA agents confiscated the couple's hand luggage containing roughly $97,000 in legally obtained winnings. Upset-to say the least-the couple filed suit against the confiscating officers in a Nevada district court. The case eventually made its way to the Ninth Circuit Court of Appeals whose decision on the matter has brought into question a number of longstanding notions regarding a state's ability to exercise personal jurisdiction over foreign residents.The facts of the case are as follows. Returning to Las Vegas after a gambling excursion in San Juan, Puerto Rico, Fiore and Gipson had a layover in Atlanta, during which local DEA Agents-obviously concerned that the exorbitant amount of money was somehow drug related-stopped the couple to inquire into the nature of the funds. Fiore explained to Anthony Walden, one of the questioning officers, that she and Gipson were professional gamblers and that the money in their possession was their "gambling bank" and winnings. Additionally, Fiore showed Walden her trip record, listing all the casinos the couple had recently visited as well as gaming results. Although the couple was residents of both California and Nevada, the couple only showed officer Walden their California drivers' licenses. Unconvinced by the couple's story, officer Walden confiscated the money but told the couple it would be returned to them if they showed proper proof of its validity. After returning to Nevada, Fiore was able to gather this proof, and upon presenting it to officer Walden, the money was returned (seven months after it was confiscated).
Not surprised. They actually have the scam down pat in Tenn. I have friends who live in Texas and sell stuff at the New York Comic con and other shows in the east coast. They have avoid traveling westbound in Tenn or even with sales books showing the revenue stream and the taxes they paid, and the remainder of stock, the money is immediately confiscated and they have to hire a local attorney to sue to get their money back via a court order. (Of course you now have court costs.) And for any money successfully confiscated the local cops get a percentage of the seizure. Obviously my friends NEVER travel westbound through Tenn with money.
Brad Handley at November 5, 2013 5:50 AM
This is what you get when you back the idea of the presumption of guilt - just as you find it at a TSA checkpoint.
What is wrong with people, that they accept the idea of checkpoints, anyway?
Radwaste at November 5, 2013 6:33 AM
Three years ago I bought used boat. The owner had recently been robbed and was no longer a trusting individual.
So paying for the boat was a problem. She was unwilling to allow me to drive away with her $15,000.00 boat holding nothing but a colored piece of paper that might or might not be good on Monday morning when she could get to the bank.
So I took cash.
As I drove up the interstate to meet with this lady, what do you think my biggest worry was? Was it getting into an accident and having the money burn up? Was is losing that brick of $100's? Was it bandits and robbery?
No - I was worried that I might get pulled over for a bad tail light or something and the cop find my money an confiscate it.
Lamont Cranston at November 5, 2013 8:36 AM
Well, we gotta pay for all that spending somehow. Fees, fines, and out right confiscation is the new American way.
sheepmommy at November 5, 2013 8:45 AM
Leaving this here since it's about police state practices....
4 On Your Side investigates traffic stop nightmare
http://www.kob.com/article/stories/S3209305.shtml
The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn't make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.
Eckert's attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.
The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."
But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.
What Happened
While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert's medical records, which he released to KOB, and details in the lawsuit show the following happened:
1. Eckert's abdominal area was x-rayed; no narcotics were found.
2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert's anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
5. Doctors penetrated Eckert's anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
6. Doctors penetrated Eckert's anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
7. Doctors then x-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines. No narcotics were found.
Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.
...
http://www.kob.com/article/stories/S3209305.shtml
jerry at November 5, 2013 1:31 PM
A few things.
1. Not sure of New Mexcio traffic laws, but in most state you do not have to come to a complete stop when leaving PRIVATE PROPERTY (which is what a shopping center is)
2. Any one got a copy of the warrent application and the wording of the warrent itself? Cause I dont see a judge authorizing compulsory surgery against someones will on the basis of 'He looked like he was clenching his ass as he stepped out of the truck'
3. In addition to the federal lawsuit he should also file personal civil claims against the hospital and each and every medical professional and cop involved
4. Every christmas he should mail each of them a box of his shit and a thank you card for the money he will no doubt recieve
I wonder how much longer til the shooting starts
lujlp at November 5, 2013 4:08 PM
Well I only have .45 and .22. But I figure I can collect the spare .223 from the attackers over the long haul.
Jim P. at November 5, 2013 10:46 PM
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