News (Media Awareness Project) - US FL: Judge Returns Nearly $8000 to Arrestee |
Title: | US FL: Judge Returns Nearly $8000 to Arrestee |
Published On: | 2003-05-21 |
Source: | St. Petersburg Times (FL) |
Fetched On: | 2008-08-25 15:44:51 |
JUDGE RETURNS NEARLY $8000 TO ARRESTEE
She Rules That the Search of His Car Was Illegal, and That a Strong
Link Between Drug Dealing and the Cash Is Lacking
CRYSTAL RIVER - A judge has denied the city's attempt to keep nearly
$8,000 that police found in the vehicle of a man whom they arrested.
Crystal River officials said the cash, which tested positive for drug
residue, is the fruit of criminal enterprise and thus subject to legal
forfeiture. But the court said that logic was faulty, as was the
search itself.
On the morning of Feb. 27, police Cpl. Brian Coleman pulled over A.W.
Armstrong Jr. as he drove near NE Seventh Avenue and Crystal Street
just one block from Armstrong's home, court records showed.
Armstrong - whose record includes arrests on charges of battery,
terrorist threats, burglary and domestic violence - is well known to
police, said Detective Corey Sharpe. Police suspected he had an
outstanding warrant on a trespassing charge.
Coleman arrested Armstrong because of the warrant and, with the
intention of impounding the car, he began searching it and taking
inventory of its contents, according to the court records.
In the glove compartment, the officer found $6,000 in $1,000 bills,
wrapped with a rubber band. He found another $1,916 on Armstrong.
Florida law says that the police can seize money if it comes from the
drug trade or another illegal enterprise. According to the court
records, Coleman said that an informant had identified Armstrong as a
dealer and that in the past Armstrong told police that he sold drugs.
Armstrong denies these allegations, according to the court records. At
the time of the arrest, he told police the cash came from his lawn
care business and his federal tax refund of $3,145, Sharpe said.
As proof, Armstrong later filed a copy of his tax documents with the
court
She Rules That the Search of His Car Was Illegal, and That a Strong
Link Between Drug Dealing and the Cash Is Lacking
CRYSTAL RIVER - A judge has denied the city's attempt to keep nearly
$8,000 that police found in the vehicle of a man whom they arrested.
Crystal River officials said the cash, which tested positive for drug
residue, is the fruit of criminal enterprise and thus subject to legal
forfeiture. But the court said that logic was faulty, as was the
search itself.
On the morning of Feb. 27, police Cpl. Brian Coleman pulled over A.W.
Armstrong Jr. as he drove near NE Seventh Avenue and Crystal Street
just one block from Armstrong's home, court records showed.
Armstrong - whose record includes arrests on charges of battery,
terrorist threats, burglary and domestic violence - is well known to
police, said Detective Corey Sharpe. Police suspected he had an
outstanding warrant on a trespassing charge.
Coleman arrested Armstrong because of the warrant and, with the
intention of impounding the car, he began searching it and taking
inventory of its contents, according to the court records.
In the glove compartment, the officer found $6,000 in $1,000 bills,
wrapped with a rubber band. He found another $1,916 on Armstrong.
Florida law says that the police can seize money if it comes from the
drug trade or another illegal enterprise. According to the court
records, Coleman said that an informant had identified Armstrong as a
dealer and that in the past Armstrong told police that he sold drugs.
Armstrong denies these allegations, according to the court records. At
the time of the arrest, he told police the cash came from his lawn
care business and his federal tax refund of $3,145, Sharpe said.
As proof, Armstrong later filed a copy of his tax documents with the
court
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