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Saturday, July 21, 2001

Lawsuit accuses police of taking drug suspects' cash




By Dan Horn
The Cincinnati Enquirer

        Five Cincinnati men claimed in a lawsuit Friday that city police routinely violate the rights of drug suspects by improperly confiscating their cash.

        The lawsuit, filed in U.S. District Court, accuses police officers of taking the money even though it is not contraband or evidence of a crime.

        The suit claims many of the criminal charges are later dropped, but the suspects must spend time and money in court to recover their cash from police.

        The lawsuit is the latest legal battle to arise over the seizure of money from drug suspects.

        Stephen Felson, the attorney for the five Cincinnati men, said the city agreed last year to end the practice. According to the lawsuit, city officials signed a settlement agreement in federal court that prohibited seizures unless there was probable cause that the money was contraband or evidence of a crime.

        But Mr. Felson said police are still seizing cash. “They never stopped doing it,” he said Friday. “It's the same old story.”

        Mr. Felson contends the seizure of cash is improper if it occurs before conviction.

        City attorneys said they had not yet seen the lawsuit and could not comment on the allegations.

        But Deputy City Solicitor Bob Johnstone said cash seizures are allowed by law in many cases.

        “Monies like this are seized in accordance with federal and state law,” Mr. Johnstone said. “I have no reason to believe at this point that police agencies are not complying with the law.”

        The lawsuit seeks damages in excess of $25,000 and the return of all seized funds.

       



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