California truck driver Jerry Hernandez was passing through Virginia in 2012 when state officers found one million dollars in cash in the cab of his semi truck. Not only was Hernandez not found guilty, he wasn’t even charged with a crime, or even ticketed for a violation.
The cash and his 2006 Freightliner, however, were seized during the stop and awarded to the government on Thursday, January 15, 2015. This occurred because under old laws it was legal for the Federal government to seize assets without being convicted of a crime.
Turns out Hernandez’s bad luck struck again, because the day after the cash was awarded to the federal government, Attorney General Eric Holder changed the federal property seizure rules to not collect cash or property from individuals not convicted of a crime. The new law was effective immediately.
States can still seize assets under individual state laws, but a majority of cases were passed up to federal levels for quick and easy forfeiture with up to 80% of the assets seized kicked back to the local police department. Some believe the new federal laws may curve aggressive property seizure practices by state officers.
