JUDGE RULES IN FAVOR OF POLICE IN SEIZURE

BRADENTON -- A judge ruled Tuesday there was probable cause for
Bradenton police officers to seize $33,000 during a traffic stop in
March, according to attorney Bill Lisch.

An official decision of whether to order the money to become property
of the police department will occur during a final hearing.

The department filed a civil lawsuit last month against four people
to seize the money, which was discovered during a traffic stop in the
1100 block of Ninth Street West in Bradenton.

During the stop, Jessica Tessierei, Darryl E. Anderson and Brandon
Houston were arrested after 30.4 grams of cocaine and 10.4 grams of
marijuana were found in the vehicle in which they were found,
according to authorities. Jatarra L. Mitchell is also named as a
defendant in the suit because she rented the vehicle the drugs were found in.

The money confiscated, according to the suit, was used in violation
of the Florida Contraband Forfeiture Act.

The department is currently involved in another suit regarding forfeitures.

Until recent months, the department had an alternative agreement to
the state's forfeiture act.

Officers would confiscate items suspected of being used or obtained
during a crime. The suspect would sign the items over to the
department using a civil contract agreement for the policy to be
considered effective.

Once the agreement is signed, the items, such as vehicles or money,
become property of the department, regardless of whether the
defendant is charged.

The city's policy bypassed the court system, and supersedes the state law.

It states that, by entering into the agreement, the court costs and
delays associated with the state's policy are avoided. Also, the
defendant waives the right to obtain an attorney and the right for
the forfeiture to be reviewed in court. If a charge is dropped
against the defendant, the court also decides the fate of the
defendant's property.

The department continues to fight a judge's order to return more than
$10,000 it seized from a suspect in July, or to follow the state's
forfeiture agreement policy.

While investigating a robbery last July, officers stopped Delane
Johnson, searched him with his consent and found $10,200. He faced a
charge of failing to report a business transaction exceeding $10,000,
which was later dropped by the state attorney's office.

In October, Johnson asked for the money to be returned.

The department has temporarily suspended its agreement and is using
the state's policy until the case is closed, said Bradenton Police
Major Bill Tokajer.

A final hearing date on the $33,000 has not been set, Lisch said.