Property Seizure Law abuse - Tenaha, TX

by Graham Email

Link: http://www.mysanantonio.com/news/Property_seizures_seen_as_piracy_.html

This article from the San Antonio News reveals that the police department and the Mayor of Tenaha in East Texas have apparently been egregiously abusing asset forfeiture laws. These laws, originally designed to allow for the confiscation of assets owned by convicted felons, have been abused (in some cases egregiously) for years by many law enforcement agencies. They are attractive laws to abuse, since seized assets can be used to offset the rising cost of law enforcement.
In the case of the city of Tenaha, the asset forfeiture abuse went hand-in-hand with that old legal invention of Driving While Black. A local lawyer has now filed a lawsuit as a result of investigating numerous forfeiture incidents in Tenaha. As the L.A. Times reports:

David Guillory, an attorney in nearby Nacogdoches who filed the federal lawsuit, said he combed through Shelby County court records from 2006 to 2008 and discovered nearly 200 cases in which Tenaha police seized cash and property from motorists. In about 50 of the cases, suspects were charged with drug possession.
But in 147 others, Guillory said the court records showed, the police seized cash, jewelry, cellphones and sometimes even automobiles from motorists but never found any contraband or charged them with any crime. Of those, Guillory said he managed to contact 40 of the motorists directly -- and discovered that all but one of them were black.

The citizen leadership of Tenaha appears to be in total denial about the egregiousness of this bullshit:

Tenaha Mayor George Bowers, 80, defended the seizures, saying they allowed a cash-poor city the means to add a second police car in a two-policeman town and help pay for a new police station.
“It’s always helpful to have any kind of income to expand your police force,” Bowers said.
Local police, he said, must take aggressive action to stem the narcotics trade that flows through town via U.S. 59 — drugs heading north, cash going south.
“No doubt about it. (U.S. 59) is a thoroughfare that a lot of no-good people travel on. They take the drugs and sell it and take the money and go right back into Mexico,” said Bowers, who’s been Tenaha’s mayor 54 years.

I guess my question to George Bowers is: what part of the phrase "probable cause" do you not understand? My question to the electors of Tenaha: do you realize that you have a fuckwit representing you?
UPDATE - News of the lawsuit has now gone national, via this article in CNN. The article itself adds little that was not already public information, but it further provides much negative publicity. Way to go, Tenaha.
UPDATE 2 - The District Attorney is now attempting to use money confiscated by the Tenaha law enforcement body to fund a defense of the asset forfeiture policy...sometimes there is no way that you could make this stuff up...