San Antonio Express-News
February 9, 2009
TENAHA — A two-decade-old state law that grants authorities the power to seize property used in crimes is wielded by some agencies against people who never are charged with — much less convicted of — criminal activity.
Law enforcement authorities in this East Texas town of 1,000 people seized property from at least 140 motorists between 2006 and 2008, and, to date, filed criminal charges against fewer than half, according to a review of court documents by the San Antonio Express-News.
Virtually anything of value was up for grabs: cash, cell phones, personal jewelry, a pair of sneakers, and often, the very car that was being driven through town.
Some affidavits filed by officers relied on the presence of seemingly innocuous property as the only evidence that a crime had occurred.
Linda Dorman, an Akron, Ohio, great-grandmother had $4,000 in cash taken from her by local authorities when she was stopped while driving through town after visiting Houston in April 2007. Court records make no mention that anything illegal was found in her van. She’s still hoping for the return of what she calls “her life savings.”
Dorman’s attorney, David Guillory, calls the roadside stops and seizures in Tenaha “highway piracy,” undertaken by a couple of law enforcement officers whose agencies get to keep most of what was seized.
Guillory is suing officials in Tenaha and Shelby County on behalf of Dorman and nine other clients whose property was confiscated. All were African-Americans driving either rentals or vehicles with out-of-state plates.
Guillory alleges in the lawsuit that while his clients were detained, they were presented with an ultimatum: waive your rights to your property in exchange for a promise to be released and not be criminally charged.
He said most did as Dorman did, signing the waiver to avoid jail.