Jail for Breathing While Brown in Texas

[The Straight Story]

Jail for Breathing While Brown in Texas

WACO, Texas (CN) - A Texas sheriff threw two Latino men into jail for 39 days "with no charges, no hearing, and no probable cause" and seized the $14,000 they had saved up to buy a new car, the men claim in Federal Court.

Roberto Moreno-Gutierrez and Jaime Moreno-Gutierrez sued Hill County, the Hill County Sheriff's Department and the Texas Department of Public Safety, in Federal Court. Hill County, whose seat is Hillsboro, is between Waco and Dallas.

"On March 31, 2011, plaintiffs Roberto Moreno-Gutierrez and Jaime Moreno-Gutierrez left their home in Killeen, Texas and were traveling to a car dealership in Plano, Texas to purchase a vehicle, specifically a 2007 Nissan Maxima Hybrid Electric Vehicle," the complaint states.

"Defendant Jaime Moreno-Gutierrez, having sold a prior vehicle, a 2004 GMC Envoy, for nine thousand and no/100ths ($9,000.00) dollars, part cash and part check and combining his money with a loan of four thousand and no/100ths ($4,000.00) dollars, had gathered together over fourteen thousand and no/100ths ($14,000.00) dollars in cash and checks for the purchase, which is confirmed by Hill County Jail property receipts."

The men claim Texas State Trooper Carl R. Clary pulled them over, driving a K-9 unit.

"The trooper provided no traffic violation information or reason for the stop to the plaintiffs," the complaint states. "The trooper requested driver licenses from both plaintiffs, which he then took to his patrol unit. Upon returning, he requested to search the vehicle. Consent was given, and he then brought out his dog. After a search, the dog was put in its kennel. No drugs or drug paraphernalia were found in the vehicle or on the plaintiffs.

"The officer used a translator apparatus to translate his questions but did not translate the Spanish responses into English. He inquired as to the money, and plaintiffs explained where it came from and why they had legal possession.
"There was simply no indication of wrongdoing. Nevertheless, Trooper Clary seized the money and waited for backup.

http://www.courthousenews.com/2013/04/02/56274.htm

[cali]

1. whoa. Unfuckingbelievable. I hope they walk away with a million from their lawsuit.

[madokie]

2. I hope they throw the book at the trooper

knowing full well they won't. I doubt he even gets a slap on the wrist
This shit has got to stop.

[Iggo]

3. Dude should be in jail.

[madokie]

4. Without a doubt

I'm all for law enforcement but not his kind.

[Scuba]

6. Nothing described in the article equates to "law enforcement".

Quite the contrary.

[madokie]

7. Thats true

I just threw that in as a clarifier on my part.

[pnwmom]

24. He wasn't the worst. He didn't keep them in jail for 39 days.

And I wouldn't be surprised if he had a quota -- got to keep those jail spaces filled.

[truebluegreen]

27. And instructions to keep the money flowing in. n/t

[Baitball Blogger]

5. .

[LiberalFighter]

8. I'm betting that there are others within the department that knew it

and involved.

[Comrade Grumpy]

9. This shit happens alll the time. It's nothing more than piracy under cover of law.

Asset forfeiture laws run amok. Also known as "policing for profit."

http://www.ij.org/policing-for-profit-the-abuse-of-civil-asset-forfeiture-4

[Lochloosa]

10. Fourfeiture Laws are the reason we don't have responsible drug laws in this country.

As always, follow the money.

[zeemike]

14. Yep it does happen all the time.

But usually to poor people that can't afford justice.
And it is practically impossible to get the money back, because under the RICO laws the money is charged with the crime...(being drug money) and sense money does not have any rights it has to prove it is innocent of the crime.
Been going on for years, and nothing has been done to change it.

[Cali_Democrat]

11. WTF!?!!

[Marrah_G]

12. I hope they sue the shit out of everyone involved.

[rhett o rick]

16. That would only punish the tax payers. The officers should be charged with a crime. nm

[TeamPooka]

18. if the taxpayers have to pay their oversight of the PD will increase and hopefully the problem stops

that's why you make the community pay too.
Policing is a group activity.

[rhett o rick]

20. I doubt that the community will increase oversight which in most cases is none existent.

[TeamPooka]

21. then they get the police dept they deserve. nt

[The Wizard]

13. Nothing more or less than

armed robbery. That's an indictable offense in most states, but maybe not when law enforcement does it.

[The Straight Story]

17. Reminds me of the un-armed robbery of banks against us (nt)

[malaise]

25. This is genuine highway robbery

and they get away with it over and over

[Spitfire of ATJ]

15. I can picture these guys getting a bill for the food they were given while in jail.

[booley]

19. Seems Texas in general is known for this

I knew I had heard of this sort of thing before.

The process apparently is so routine in Tenaha that Guillory discovered pre-signed and pre-notarized police affidavits with blank spaces left for an officer to describe the property being seized.

http://www.chicagotribune.com/news/nationworld/chi-texas-profiling_wittmar10,0,6051682.story

[beachgirl2365]

22. Time to put an end to this vicious cycle!

This is why my son has indicated recently that he is seriously considering law school. He wants to stop these kind of injustices and make sure that people know their rights! Supposed "law enforcement" counts on the general public not knowing their rights, and most generally don't. Time to stop providing fuel for the prison system/corporations!

[xxqqqzme]

23. Jim crow is alive and well

in Texas.

[RoccoR5955]

26. Police NEVER have to obey the law.

Because they ARE the law. I wonder what the difference of the cash was that was reported, and the amount that the the Trooper put in his pocket. Because you if there was that much cash, guaranteed, the trooper made off with a nice chunk of it.