Forfeiture schemes abound across America. Government agents have been known to see money in a traveler’s luggage, take it and keep it.
But it could be that the tide is turning, with the latest ruling from the Texas First Court of Appeals that reversed a civil-forfeiture judgment in Harris County.
The decision ordered the state to return to Ameal and Jordan Davis a total of $41,680.
The ruling confirmed, “Harris County’s evidence was legally insufficient to prove the cash was intended to be used to purchase a controlled substance—confirming that private property, including cash, cannot be taken on mere suspicion.”
“Cash is not a crime,” said Arif Panju, managing attorney of the Institute for Justice’s Texas office. “Today the First Court of Appeals entered judgment for Ameal and Jordan and ordered their life savings returned. That’s a decisive win for due process and a sharp rebuke to civil forfeiture based on hunches.”
The fight dates to 2019 when the Davises decided to pursue the dream of owning their own trucking business. They saved money from jobs, tax refunds, and by keeping expenses low—eventually accumulating more than $40,000, enough for Ameal to rise from truck driver to truck owner, the IJ said.
When Ameal was ready to buy his truck, driving from Natchez, Mississippi, toward Houston, he was stopped by police officers in Harris County. They took his cash and released him.
“Although the government’s forfeiture case involved no drugs or drug dealers whatsoever, and Ameal was never charged with any crime, the county nevertheless pursued civil forfeiture. After a six-day trial, a jury found the money was intended to be used to possess a controlled substance at some point in the future; the trial court entered judgment for forfeiture,” the IJ said.
However, the appeals ruling said the state’s evidence failed.
There was no evidence of any “substantial connection” between the money and the alleged and undefined “drug offense.”
“This ruling makes clear that the government can’t take people’s property without evidence of a crime,” said James Knight, attorney at the Institute for Justice. “Ameal and Jordan fought back, and today’s decision restores what was theirs and strengthens protections for everyone who carries cash.”
A class action lawsuit over Harris County’s practices of taking citizens’ money remains pending.