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MSP siezed $ as found property

(Click here to view the original thread on the MassCops Message Board)

Posted by: PBC FL Cop

Monday, January 21, 2008

Hand back the $15,500, men tell police

Clive McFarlane
cmcfarlane@telegram.com
T&G STAFF

On Dec. 28, 2007, a Massachusetts State Police trooper pulled over a car for allegedly “following too close” while traveling westbound on Interstate 290 in Auburn.

The occupants of the car, Emmanuel Rodriguez and Darinel Castro, said they were asked by the trooper, J.F. Johnson, whether they had anything illegal in the car. They said they told him no. Trooper Johnson then asked, they said, if he could search the car. They said they gave him permission, and that he found nothing illegal in the car.

Trooper Johnson, however, discovered $15,500 in the car and he seized the money as “found” and “unclaimed” property.

But Mr. Rodriguez and Mr. Castro, through their lawyer Matthew A. Pingeton, counter that “the money was never lost, until it was taken by Trooper Johnson” and they are demanding that it be returned. The state police, however, say Mr. Rodriguez and Mr. Castro must first prove that the money belongs to them.

How is it possible that money lying in a car operated by two people could be considered lost and unclaimed?

Well, according to Trooper Eric Benson, a spokesman for the Massachusetts State Police, neither Mr. Rodriguez nor Mr. Castro initially claimed “ownership or knowledge” of the money.

“Both of the occupants denied any knowledge that the currency was located in the vehicle,” Trooper Benson said. “The money was then seized for safekeeping. It was taken to the station, where it was counted and entered into property.

“Sometime later, one of the occupants called the barracks and claimed the moneybelongedto him. We told him to come in and file his claim.”

At the barracks, a “seized currency receipt” was given to Daniel Castro, indicating that the $15,500 was seized from him.

The department, however, is holding on to the money.

“In order for us to release unclaimed property to anyone, that person will have to provide some manner of documentation or evidence to the fact that the property is in fact theirs,” Trooper Benson said.

But if the money was found in the car in which Mr. Rodriguez and Mr. Castro were driving, why would Trooper Johnson need to ask whom the money belonged to?

“That is a large amount of currency and it could be indicative of criminal activity,” Trooper Benson said.

But Mr. Pingeton noted that the seizure receipt given to his clients did not indicate the money was related to drugs or other illegal activities. As a result, seizure and forfeiture proceedings related to narcotics do not apply in this case, he said.

“No contraband or illegal substances were located in the vehicle or on their respective persons,” he said. “No probable cause existed for the trooper to believe that a crime had been or was being committed.”

In addition, he said his clients dispute the claim that they told Trooper Johnson they didn’t know about the money, or to whom it belonged.

“They didn’t know the money was taken until after the trooper (left),” Mr. Pingeton said.

As to Trooper Benson’s contention that the large sum of money was enough to raise questions, Mr. Pingeton said “It is not a crime to operate a vehicle with money or any other valuable property within.

“There is no legal requirement for a citizen to justify to an officer or any other official details of his or her finances or property,” he said.

“The currency is the property of Emmanuel Rodriguez and Darinel Castro and was in their possession, custody and control. The trooper, without right and without legal authority, took possession of the property in violation of Mr. Rodriguez and Mr. Castro’s rights.”

Mr. Pingeton said his clients are prepared to take legal action against the state police, unless they return the money within seven days.

He noted that his clients are entitled to interest, costs and attorney fees, if the case is prosecuted.

Contact Clive McFarlane by e-mail at cmcfarlane@telegram.com.

Doesn't everyone have $15K in cash in their vehicle without realizing that it's there or knowing where it came from?

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Posted by: red2851

Good job tpr Johnson. I wish you got them after they bought the kilo.


Posted by: lawdog671

I was just reading that article in the newspaper this morning and almost choked on my coffee. But you know that any editorial in the T&G will not be neutral or objective, nor give the cops any benefit of doubt.

They didn’t know the money was taken until after the trooper (left),” Mr. Pingeton said.
Yeah because we all walk around with 15 large in our cars and don't keep track of where it is. And I m sure that Pingeton also will tell you that both of his clients are gainfully employed (3 years of saving after bills from their jobs at BK) ...they have reciepts for the cash from the bank that they withdrew the money from....nothing on their records for dealing/possessing/trafficking in illegal narcotics....and that it wasnt in 5/10/20 dollar increments.....
I hate attorneys.....


Posted by: bbelichick

Simple solution. They'll get the money back...right around when the IRS starts crawling up their butts. They'll be begging to give the money back.


Posted by: justanotherparatrooper

I thought there were laws regarding posession of cash in excess of 10,000 or do those just apply to traveling outside the US?


Posted by: Killjoy

In civil seizure cases, its up to the aggrieved party to PROVE they own the money...something criminal-court attorney's often overlook. Of course, I don't think that the money was officially seized.


Posted by: Sniper

One more reason to have dash cameras and recorded audio !!!!!!!!! Both of these gentlemen would be documented declining knowledge and ownership of said monies........

Good to see the WT&G taking the police's side again....................


Posted by: Wolfman

I believe over $10K is applicable when crossing state lines, a CTR is required.


Posted by: Sniper

What is a CTR Wolfie ?????


Posted by: Irish Wampanoag

MGL says 365 days for money to be claimed and then its the troopers or who ever finds it....

Quote:
Originally Posted by Irish Wampanoag
MGL says 365 days for money to be claimed and then its the troopers or who ever finds it....
Ch134 sec 1,2,3,4

Now where did you say this handsome trooper is stationed, I might need a loan LOL


Posted by: Crvtte65

Quote:
Originally Posted by Sniper
What is a CTR Wolfie ?????
Currency Transaction Report (Don't worry, I had no idea but checked it out on the IRS website)

Rules regarding withdrawals here: Clicky

Couldn't find anything specific about just carrying $10,000+.


Posted by: PaulKersey

Anyone entering or leaving the country with more than $10,000 has to fill out a one-page form declaring the money to U.S. customs.


Posted by: Sniper

Quote:
Originally Posted by PaulKersey
Anyone entering or leaving the country with more than $10,000 has to fill out a one-page form declaring the money to U.S. customs.
Right but driving down RT 290 and leaving the country are pretty dissimilar.........


Posted by: Wolfman

Could be I had country borders confused with state borders. It's a drag getting old.


Posted by: bbelichick

It's very simple. They were stopped, the trooper finds $15,000 and both scumbags deny any knowledge of it. Then they talk to a lawyer who gives them a BS story and a load of ACLU garbage.

Call the IRS and make the rats tell THEM where the money came from.


Posted by: JoninNH

Quote:
Originally Posted by bbelichick
Call the IRS and make the rats tell THEM where the money came from.
Don't everyone call at once now... but... last I knew, IRS offered a percentage of the cut to the person who drops a dime on tax fraud or non-payment of taxes.


Posted by: Sniper

Bill, I wasnt questioning the seizure......... I was questioning all this talk about form filing .......(CTR)


Posted by: MDSP2597

Mules lose money.... Dealer tells them get money back... Having no proof of how they got the money.... Money now belongs to the State.... That equals dead mules!!!! This happens all the time in the criminal world....


Posted by: Irish Wampanoag

F^&K the IRS its the troopers after 365 days he then can claim it on his 2009 tax returns to stifle the IRS
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Posted by: JoninNH

lol


Posted by: MM1799

C'mon guys. This happened on Dec 28th. Clearly they were just on their way to do some xmas shopping for their grandmothers and buying toys for the local kids.


Posted by: SinePari

You want a good laugh, read the comments (76 as of this morning) section. People think Tpr Johnson and the MSP are spreading the fun tickets around at a titty bar. Down south when a Sheriff's Office interdiction team scores money, the department keeps 75%. See the difference?


Posted by: MM1799

Oh wait, dec 28th is after xmas. It's way too early this morning!


Posted by: Sniper

hahahahahah MM.


Posted by: NFAfan

A badge nor a traffic stop are licenses to steal. The money is clearly not the troopers, nor the state's.

This is just like the contractor who found the depression dated money in the wall of his client's bathroom and claims it as his.

I've carried many thousands of dollars in cash before for a purchase and if you think you'd walk away with it, your dreaming.


Posted by: Rock

Oh boy......


Posted by: JoninNH

Quote:
Originally Posted by NFAfan View Post
A badge nor a traffic stop are licenses to steal. The money is clearly not the troopers, nor the state's.

This is just like the contractor who found the depression dated money in the wall of his client's bathroom and claims it as his.

I've carried many thousands of dollars in cash before for a purchase and if you think you'd walk away with it, your dreaming.
You sir, are an asswipe.


Posted by: Barbrady

Quote:
Originally Posted by NFAfan View Post
I've carried many thousands of dollars in cash before for a purchase and if you think you'd walk away with it, your dreaming.
Sure we would especially if you "denied any knowledge that the currency was located in the vehicle". Hence..hence why wouldn't we?


Posted by: Rock

Hey NFAfan....one question....

If we had justification (like Tpr Johnson), how exactly would you stop us from "walking away with it"?
I love on line tough guys.


Posted by: PaulKersey

Quote:
Originally Posted by NFAfan View Post
I've carried many thousands of dollars in cash before for a purchase and if you think you'd walk away with it, your dreaming.

Sure, assuming you have a logical explanation, and actually claim ownership.


Posted by: 5-0

Quote:
Originally Posted by NFAfan View Post
A badge nor a traffic stop are licenses to steal. The money is clearly not the troopers, nor the state's.

This is just like the contractor who found the depression dated money in the wall of his client's bathroom and claims it as his.

I've carried many thousands of dollars in cash before for a purchase and if you think you'd walk away with it, your dreaming.
So, would you deny that said '$$' was yours when you were stopped? You would if you were freaking out that claiming it would give the trooper PC to do something to you. They denied knowledge, and now are trying to prevent the inevitable beat down coming their way for losing the cash.

I also bet that you could provide a receipt for withdrawal of said money if you were carrying that much. I know that I would. Either that, or go get a bank printout on the next business day and head on down to C troop HQ. These guys are full of failure.


Posted by: MM1799

It's always a win-win when the person who comes down to claim property/cash has a warrant.

And NFAfan -- your comments show your complete ignorance to the whole situation so keep typing because it doesn't mean shit.


Posted by: Dane

I once stopped two "gentlemen" on Rte 190 NB in Holden carrying about $3200 in cash. Both had 94C BOPs. Possible scenario? Headed to Fitchburg to purchase something less than legal. One was carrying the money in his pocket. They were separated on the roadside and gave identical stories about heading to a used car dealership on Rte 12 in the Leominster/Fitchburg area. One had an Auto Trader with a car circled. It's asking price was around $3200. With nothing more to go on, it was "Have a nice day." And wait to see if they came back southbound with no car and no money.

Considering Tpr. Johnson's circumstances, his actions were justified. The money wasn't seized or declared an instrument of the drug trade. It was just unclaimed property. All they have to do is show a little documentation and they can have it back. Pay stubs? Western Union receipt with either guys' name? Paperwork for vehicle or some other property sale?


Posted by: Delta784

Any cash transaction of $10K or more has to be reported to the IRS. As BB stated, sic the feds on them; IRS Special Agents will give Messrs. Castro and Rodriguez the financial equivalent of a colonoscopy in short order.

Remember....they got Capone on income tax evasion.


Posted by: SinePari

Quote:
Originally Posted by NFAfan View Post
A badge nor a traffic stop are licenses to steal. The money is clearly not the troopers, nor the state's.

This is just like the contractor who found the depression dated money in the wall of his client's bathroom and claims it as his.

I've carried many thousands of dollars in cash before for a purchase and if you think you'd walk away with it, your dreaming.
Not only would I walk away with it, I'd be skipping down the highway to Mario's or Centerfolds 2000 with your cashola. The girls would think we're some sort of playboys with all that money that we steal from motorists.


Posted by: Sniper

Quote:
Originally Posted by SinePari View Post
Not only would I walk away with it, I'd be skipping down the highway to Mario's or Centerfolds 2000 with your cashola. The girls would think we're some sort of playboys with all that money that we steal from motorists.
Sine, don't forget your charitable donation to GeeGee !!!!!!!! Someday when you get shitcanned for stealing motorists money, you might need a job at the WCSO !!!!!!!


Posted by: PBC FL Cop

Friday, February 1, 2008

Search and seizure a bit too easy

Clive McFarlane
cmcfarlane@telegram.com
T&G STAFF


According to his lawyer, Darinel Castro is married with two children. Mr. Castro’s lawyer, Matthew A. Pingeton, also gave the following account of his client:

Mr. Castro has been employed at the same job for about 12 years. He earns about $40,000 per year at his job, which provides him with significant bonuses every few months. His wife works and earns about $30,000 a year. He is a landlord, collecting about $1,700 per month in rent. He has thousands of dollars in the bank.

Although Mr. Pingeton felt it was unnecessary, he provided the above information to the Massachusetts state police in a last-ditch effort to stave off the lawsuit he was on the verge of filing against them.

On Dec. 28, a car driven by Emmanuel Rodriguez and in which Mr. Castro was a passenger was pulled over by the state police in Auburn.

The state police searched the car, found $15,500 in cash and seized the money on the head-scratching grounds that it was “lost and unclaimed” property.

But the money belonged to Mr. Castro, who was on his way to buy a car, his lawyer said.

Yesterday, the state police returned the money to Mr. Castro, with the explanation that the district attorney’s office had decided not to prosecute the case.

“We felt that there would have been no chance of prevailing,” Timothy J. Connolly, spokesman for the district attorney’s office, said of the state going after the money.

Mr. Connolly was being diplomatic. The only case the district attorney had was whether he should have gone after the state police for violating Mr. Castro’s civil rights.

The troopers claimed they took the cash because both Mr. Rodriguez and Mr. Castro denied ownership of the money. Mr. Castro, however, said the money was taken without his knowledge.

Without being on the scene, it is anyone’s guess what really transpired, but we do know that the car in which Mr. Castro was riding was pulled over for following too close.

We know that in addition to requesting a driver’s license and registration, the state police requested and got permission to search the car.

We know that Mr. Castro’s money was seized and that Mr. Rodriguez was given a warning for following too close.

We know that neither man was given a receipt for the money seized at that time.

And whether or not Mr. Castro denied ownership of the money, we are told that he called 911 to report it missing after the state troopers left and that he turned up at the state police barracks to claim the money, shortly afterward.

It was then that Mr. Castro was provided with a receipt of the seized cash and was told he would have to prove ownership to get it back.

Common sense, according to Mr. Pingeton, would dictate that “a person would not deny ownership of his property, but at the same time immediately call 911 to report it missing and appear at a police barracks to recover property that he just denied ownership of.”

We know that since no contraband or other illegal substances were found in the car, the state police could not keep the money under the state’s seizure law.

We know that to extend due process to Mr. Castro, the state police had 14 days in which to notify a Superior Court or District Court judge of the reasons for the seizure.

We know that the 14 days passed without any such disclosure.

It appears then that the only reason the money was taken was that the state troopers didn’t believe Mr. Castro would have such a large sum unless he were involved in some criminal activity.

And without any legal standing, they forced him to prove why it was possible for him to have so much money.

Now, people would agree that this is not the way the system is supposed to work, but as Mr. Pingeton pointed out, “this kind of stuff happens all the time.”

Which is another way, it seems to me, to say that we are caught between two systems of justice — the law of the land and the way things are.


Posted by: lpwpd722

hmmm, very interesting.


Posted by: bbelichick

Weird. He had $15,000 in cash to "buy a car" but no bank receipt? Where was the money? In a mattress?

I smell BS.


Posted by: PBC FL Cop

It should be interesting to see what type of car he's purchased since the money was returned to him. Let's see in Clive does a follow-up article on that.


Posted by: SinePari

Quote:
Originally Posted by PBC FL Cop View Post
It should be interesting to see what type of car he's purchased since the money was returned to him. Let's see in Clive does a follow-up article on that.
Less the attorney's fees...


Posted by: SinePari

Search and seizure a bit too easy

Clive McFarlane
cmcfarlane@telegram.com


According to his lawyer, Darinel Castro is married with two children. Mr. Castro’s lawyer, Matthew A. Pingeton, also gave the following account of his client: Mr. Castro has been employed at the same job for about 12 years. He earns about $40,000 per year at his job, which provides him with significant bonuses every few months. His wife works and earns about $30,000 a year. He is a landlord, collecting about $1,700 per month in rent. He has thousands of dollars in the bank.

Although Mr. Pingeton felt it was unnecessary, he provided the above information to the Massachusetts state police in a last-ditch effort to stave off the lawsuit he was on the verge of filing against them. On Dec. 28, a car driven by Emmanuel Rodriguez and in which Mr. Castro was a passenger was pulled over by the state police in Auburn.

The state police searched the car, found $15,500 in cash and seized the money on the head-scratching grounds that it was “lost and unclaimed” property. But the money belonged to Mr. Castro, who was on his way to buy a car, his lawyer said.

Yesterday, the state police returned the money to Mr. Castro, with the explanation that the district attorney’s office had decided not to prosecute the case. “We felt that there would have been no chance of prevailing,” Timothy J. Connolly, spokesman for the district attorney’s office, said of the state going after the money.

Mr. Connolly was being diplomatic. The only case the district attorney had was whether he should have gone after the state police for violating Mr. Castro’s civil rights. The troopers claimed they took the cash because both Mr. Rodriguez and Mr. Castro denied ownership of the money. Mr. Castro, however, said the money was taken without his knowledge.

Without being on the scene, it is anyone’s guess what really transpired, but we do know that the car in which Mr. Castro was riding was pulled over for following too close. We know that in addition to requesting a driver’s license and registration, the state police requested and got permission to search the car.

We know that Mr. Castro’s money was seized and that Mr. Rodriguez was given a warning for following too close. We know that neither man was given a receipt for the money seized at that time.

And whether or not Mr. Castro denied ownership of the money, we are told that he called 911 to report it missing after the state troopers left and that he turned up at the state police barracks to claim the money, shortly afterward. It was then that Mr. Castro was provided with a receipt of the seized cash and was told he would have to prove ownership to get it back.

Common sense, according to Mr. Pingeton, would dictate that “a person would not deny ownership of his property, but at the same time immediately call 911 to report it missing and appear at a police barracks to recover property that he just denied ownership of.” We know that since no contraband or other illegal substances were found in the car, the state police could not keep the money under the state’s seizure law.

We know that to extend due process to Mr. Castro, the state police had 14 days in which to notify a Superior Court or District Court judge of the reasons for the seizure. We know that the 14 days passed without any such disclosure.

It appears then that the only reason the money was taken was that the state troopers didn’t believe Mr. Castro would have such a large sum unless he were involved in some criminal activity. And without any legal standing, they forced him to prove why it was possible for him to have so much money.

Now, people would agree that this is not the way the system is supposed to work, but as Mr. Pingeton pointed out, “this kind of stuff happens all the time.” Which is another way, it seems to me, to say that we are caught between two systems of justice — the law of the land and the way things are.




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