Push to change Nevada law after troopers confiscate man's 80k life savings

There's a new push to change Nevada law to stop the alleged abuse of power by civil forfeiture. This sparked more interest in the wake of a high-profile case where Nevada troopers confiscated a man's life savings.Show more

Push to change Nevada law after troopers confiscate man's 80k life savings (KRNV)

One year ago, Stephen Lara was driving behind a semi truck he wanted to pass. He was driving the speed limit, east of Sparks along Interstate 80. Dash camera from a Nevada State Police showed the trooper, in the fast lane, following Lara for several miles. Lara said he didn't feel safe cutting in front of the trooper to pass the semi, so he trailed behind the truck. After several miles the trooper pulled him over for tailgating.

"We're seeing a bunch of crashes out here, I'm just trying to educate people," the trooper said. "You got your driver's license with you?"

That's when he started peppering Lara with questions. The trooper learned that Lara is a retired Marine who was traveling from Texas to Portola, California, to see his daughters. The trooper asks if he has any drugs, guns or large amounts of cash in the car.

"Officer: Okay. How much money you got in there?

Lara: A lot.

Officer: Okay.

Lara: [unintelligible] So-

Officer: Fair enough. Fair enough. Um, would you give me permission to search your vehicle today?

Lara: Sure."

The trooper found nearly $87,000 in cash in Lara's car. He also had a stack of receipts proving the money was withdrawn from the bank over time. Lara said it was his life savings. He said he doesn't trust banks, doesn't have a credit card and it's his way of living within his means, without carrying debt.

"Officer: Why do you transport bulk currency like that?

Lara: Well there's nothing illegal about it.

Officer: No."

More than an hour later, troopers confiscated the cash, suspecting it may be drug money.

"I knew at the time he didn't have probable cause to search my vehicle but at the same time I was like, 'You know I have nothing to hide, I'll just be totally transparent and then just be on my way,'" Lara later told KRNV.
Lara was left with just a few dollars in his pocket and a desperate desire to make some changes.

Will a lawsuit force a change?
Lawyers from the non-profit group Institute for Justice took on Lara's case and filed a federal and state lawsuit. The group fights what it calls abuse of power through its lawyers on staff.

Six months after a national media group reported on this case, the feds gave Lara his money back.

Most innocent people will never see redemption like Lara did. About half of forfeitures involves less than $1,000. It would cost more money to hire an attorney than the amount lost.

Lara's federal court case was dropped after he got his money back. The case in the Second Judicial District Court in Washoe County is still pending.

"The real problem here is that the highway patrol officials didn’t forfeit the money under Nevada law, they used a federal program called Equitable Sharing to get around the protections of Nevada law and the Nevada constitution," said Ben Field, attorney with Institute for Justice.

The Institute for Justice said this is a form of theft – highway robbery. Field said the abuse happens when officers don't even have to charge somebody with a crime and confiscate their money. He added that they put the burden on that person to prove they are innocent.

There's big financial gains for agencies to do forfeitures.

"When you have highway patrol officers like this pulling Steven over and forfeiting his money through the federal government, they get to take up to 80% of the back which they can use for their own salary for their own equipment. So they have a personal financial stake in forfeiting money," Field said.
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