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Monday, July 22, 2013

Judge Orders Nebraska to Repay $1 Million Plus Interest

By: Jeffrey Lapin of Lapin Law Offices






Tasha Mishra, of California, sued earlier this year after Nebraska authorities seized $1,074,900 in cash she says was her life savings earned over years as an exotic dancer. She and a friend had been pulled over for speeding. They consented to a search and the money was found. A drug-sniffing dog indicated that there was drug residue on the cash. The two were released without charges, but Nebraska state officials kept the money saying it was obtained in illegal drug trafficking.

U.S. District Judge Joseph Batallion found in favor of the woman. He indicated he was was troubled by a Nebraska State Patrol policy to convert the cash into a cashier's check and destroy the money, which means there's no way to rebut accusations that it was tainted with drug residue. In addition, he indicated that the police dog's indication of drugs on the cash was of little value as evidence, "For all the court knows, there is a 90 percent chance that all money is drug tainted."

Judge Bataillon ordered that Nebraska return the money plus interest to the woman.

Source Article: $1M seized in traffic stop is returned to exotic dancer on judge’s orders | By: Martha Neil / ABA Journal

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