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Nevada county settles suits on I-80 cash seizures


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By Scott Sonner, AP

A rural Nevada county has settled lawsuits with two men who said a sheriff’s deputy violated their civil rights when they were stopped for speeding on Interstate 80, searched for drugs and forced to forfeit tens of thousands of dollars even though no drugs were found and no charges filed in either case.

The Humboldt County District Attorney’s Office also confirmed in a statement late Friday that it has launched an internal review of the county’s “forfeiture program” but that there is no indication there have been any illegal stops or any wrongdoing on the party of Sheriff Ed Kilgore or his deputies.

Tan Nguyen of Newport and Michael Lee of Denver said in lawsuits filed in U.S. District Court in Reno they were stopped last year on Interstate 80 near Winnemucca about 165 miles east of Reno under the pretext of speeding. They said they were subjected to illegal searches and told they wouldn’t be released with their vehicles unless they forfeited their cash.

The suits accused the same veteran deputy, Lee Dove, of taking a briefcase full of $50,000 in cash from Nguyen after stopping him for exceeding the speed limit by 3 mph in September, and seizing $13,800 and a handgun from Lee during a similar stop in December.

“The case has been settled,” Steve Balkenbush, a Reno attorney representing Humboldt County in the case, told the Associated Press on Friday.

The district attorney’s office said the settlement involved Nyguen and Lee but did not disclose how much money was involved. Nguyen’s lawyer told a Reno television station Friday he received a check for the full $50,000 seized as well as $10,000 in attorney fees.

“He wasn’t charged with anything. He had no drugs in his car. The pretext for stopping him was he was doing 78 in a 75,” John Ohlson told KRNV-TV.

“It’s like Jesse James or Black Bart,” he told AP in an interview last week.

Lee’s Reno lawyer, Jeff Dickerson, did not immediately return a call seeking comment.

The district attorney’s statement said both men were stopped legally and that “every asset that was seized pursuant to those stops was lawfully seized.” But it acknowledged the resolution of their claims didn’t receive priority in the district attorney’s office because of staff shortages.

“The cases involved Mr. Nguyen and Mr. Lee raised procedural issues in the District Attorney’s Office and those issues are being addressed by a review of every submitted case,” the statement said.

It said media reports about the lawsuits had “unfairly criticized” the sheriff’s office, which “was acting in accordance with the law as they understood it and was not responsible for any procedural defects following their seizure of the assets.”

“One thing is certain, even prior to the completion of the review by the District Attorney’s Office, is that the seized assets were not utilized unlawfully,” the DA’s office said. “Following completion of this review, a full accounting of those assets will be available for review.”

The lawsuits claimed the cash seizures were part of a pattern of stopping drivers for speeding as a pretext for drug busts in violation of the Constitution.

Nguyen was given a written warning for speeding but wasn’t cited. As a condition of release, he signed a “property for safekeeping receipt,” which indicated the money was abandoned or seized and not returnable. But the lawsuit says he did so only because Dove threatened to seize his vehicle unless he “got in his car and drove off and forgot this ever happened.”

The day after Nguyen had his money taken, the sheriff issued a news release with a photograph of Dove pictured with a K-9 and $50,000 in seized cash “after a traffic stop for speeding.”

“This cash would have been used to purchase illegal drugs and now will benefit Humboldt County with training and equipment. Great job,” the statement said.

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Comments (12)
  1. Gaspen Aspen says - Posted: March 16, 2014

    Not saying this was a good idea on the part of the Deputy, but having that amount of CASH on two occasions smells like the driver is up to NO GOOD!! Fueling the drugs that are a cancer in out country. Cost of doing illegal business boys!!

  2. sunriser2 says - Posted: March 16, 2014

    Many people are paying cash for high ticket items.

    Should we trust our cops, banks or city council?

  3. Lou Pierini says - Posted: March 16, 2014

    G A , Two drivers, not one.

  4. Big Boy Pants says - Posted: March 17, 2014

    One might think the behavior of the authorities is indicative of a larger problem. The victims should have sought a larger settlement paid in cash.

  5. Hank Raymond says - Posted: March 17, 2014

    So, the cops pull someone over for doing 3 mph over the speed limit, search the car over the objections of the driver, find $50,000 in cash and confiscate it???? And the guy has to get a lawyer to get his money back? And the cops and the DA claim they didn’t do anything unlawful??? So the cops can just pull you over and take whatever money you have and that’s legal? Is that the society we live in? That sounds highly illegal to me, and if it’s not illegal for the cops to take peoples money like that, it should be. There are plenty of valid legal reasons to transport money like that. Obviously the cops were wrong or they wouldn’t have returned the money, but this never should have happened in the first place.

  6. Buck says - Posted: March 17, 2014

    This is not the good old days. People do not take checks any more because of all the bad checks so you have to have cash! Cops should be thrown in jail for that. Forget that it ever happened for a while behind bars.

  7. Old Long Skiis says - Posted: March 17, 2014

    So the cops pull this guy over for going over the speed limit by 3 miles an hour and confiscate his cash and the driver has to go to court to get it back. The cops finally gave the money back after going to court. Some kid is growing pot and Slednet kicks his door in and shoots his friends dog in the head and haul the kid to jail. Dog is recovering, haven’t heard about the kid.
    A guy at the “Y” has a business(?) with an open sign lit up but will yell at people coming on to his property and if provoked will threaten them with a gun. He’s still there.
    The lunatic around the corner from me has had the police there 6 times in less than a year for yelling at the neighbors. Lots of threats laced with profanity. But he is still there and nothing has been done.
    The burned out grow house behind me has been abandoned for over a year. After initial response from the city and code enforcement getting on the owner, it now sits as a burned out shell in decay.
    I guess it’s all about “selective enforcement”. OLS

  8. bike bum says - Posted: March 17, 2014

    Old Long Skis,

    you summed it up perfectly.

  9. Moral Hazard says - Posted: March 17, 2014

    Buck, nobody uses cash anymore. They have these trick things called ATM cards that took the place of checks. They are amazing, you should look into it some time.

  10. observer says - Posted: March 17, 2014

    Moral-

    Get real.. where is your brain? Buck is absolutely correct. It is harder to write a check than it ever has been before..many high dollar cash deals get done on real estate sales. There is a fee paid every time you use your debit card or credit card.

    To assume anybody carrying cash is up to no good is idiotic. Cash, despite what you read, is still a viable, legal way to pay your bills. I have several friends who do not even own a bank account.

    The fact that the law put out a special news release about this shows just how far out our system of justice has gone. Guilty by virtue of possessing cash.

    If they can steal 50K they can steal 150 bucks from anyone with a burned out tail light and get away with it. My guess is this is done every day and the poor folks who lost the hundred and a half are to scared and too broke to make an attempt to get it back. And the 150 is likely in the deputies beer fund, or paying his power bill.

    Neither side would want to pay the fee charged by the banks to use their credit/ATM system. Even your utility company is about to start charge you extra money for paying your power bill on-line.

  11. Dogula says - Posted: March 17, 2014

    Yep. Moral Hazard is way wrong on this one. There are SO many hacking hazards now with credit cards and debit cards, that when we travel, we almost exclusively use cash. We don’t like using debit cards at all because if those are hacked, they have direct access to your bank accounts, and if you get cash from an ATM using a credit card, there are ATM fees AND very high interest rates charged. Forget that. We carry cash. AND protection, so don’t get any ideas.

  12. Lou Pierini says - Posted: March 17, 2014

    Cash will ways be king until it fails but Gold has never failed.