PHOENIX Over two and a half years after Phoenix police seized $39,500 in money from him regardless of by no means charging him with a criminal offense, Jerry Johnson lastly received his a reimbursement.
The proprietor of a delivery firm, Johnson had flown from Charlotte, North Carolina, in August 2020 to buy a 3rd semitruck to increase his small enterprise. Johnson had discovered a posting for a truck he wished at a Phoenix-based public sale and flew to Phoenix Sky Harbor Worldwide Airport with the massive sum of cash
Johnson beforehand advised The Arizona Republic, a part of the USA TODAY Community, he selected to journey with money to keep away from incurring charges from withdrawing it exterior his regular financial institution and had discovered articles that stated touring with massive quantities of money was completely authorized.
However earlier than he may retrieve his checked baggage and head to his lodge, Phoenix cops approached and interrogated him as to the aim behind the massive sum of money he had introduced with him. Johnson defined he meant to buy a truck for his enterprise.
An officer ultimately accused Johnson of being concerned in felony exercise and coerced him into signing a waiver type or go to jail.
Johnson beforehand advised The Republic he didn’t perceive what he was signing on the time however later discovered it was a waiver type indicating the cash he had introduced with him wasn’t his. Johnson was free to go after signing the shape however his cash remained in police custody till final weekend.
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Arduous authorized ordeal
Johnson endured a litany of authorized battles, offering financial institution statements and tax returns to show them cash was his and never part of a felony enterprise. However the courtroom discovered the proof was nonetheless inadequate.
He later contacted the Virginia-based libertarian nonprofit referred to as Institute for Justice, which has written about and litigated civil-forfeiture circumstances. Its attorneys reviewed his case and agreed to attraction the decrease courtroom’s resolution on his behalf.
Three judges with the Arizona Courtroom of Appeals heard Johnson’s case in November 2021 and repeatedly criticized the Maricopa County Lawyer’s Workplace’s reasoning for seizing the cash from Johnson.
“I’m sorry if it appears harsh that the state ought to even have to return ahead with proof earlier than it takes individuals’s cash away on the airport,” the Honorable Peter Swann stated.
The Arizona Courtroom of Appeals reversed the decrease courtroom’s resolution in Might 2022, ruling that Johnson may proceed to contest the forfeiture till prosecutors moved to dismiss the case in 2023.
Johnson was relieved to get the cash again however was pissed off police seized his cash within the first place.
“It’s a blessing to lastly have my financial savings again in order that I can make investments it in my enterprise,” stated Johnson stated. “That the federal government may take my cash, by no means cost me with a criminal offense however maintain onto my financial savings for therefore lengthy is outrageous. It created an amazing monetary burden for me and my household, and there have been plenty of enterprise alternatives I’ve missed out on as a result of that cash was simply sitting in a authorities account.”
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‘Jerry nonetheless must be made entire’
Dan Alban, a senior lawyer for Institute for Justice, stated the federal government owed Johnson greater than the cash it had seized from him.
“We’re glad that the cash has been returned, however Jerry nonetheless must be made entire,” Alban stated in a press release.
The Institute for Justice stated Johnson obtained lower than 0.8% in accrued curiosity and the Maricopa County Lawyer’s Workplace refused to pay his attorneys charges.
“This would go away Jerry uncompensated for the years his cash was locked away and for what he paid out-of-pocket to an lawyer earlier than IJ took on his case,” the non-profit stated. “The case will proceed as IJ has filed a movement for judgment on the pleadings and opposes the state’s movement.”
Civil forfeiture has drawn sharp criticism through the years because it has typically allowed legislation enforcement to grab property like cash and property while not having to cost the homeowners with a criminal offense — a lot much less get hold of a conviction.
The Arizona Legislature has since handed a civil forfeiture reform invoice that bars legislation enforcement from coercing individuals into signing such waivers and made it far more tough for the federal government to maintain seized property and not using a felony conviction.
Those that supported reform argued that civil forfeiture legal guidelines on the time made getting one’s seized property again financially unfeasible because the lawyer’s charges typically essential to file a reliable declare typically exceeded the financial worth of the asset.
