Rudy Ramirez never expected to become a statistic in the War on Drugs when he set off to buy a used car, $7300 in cash at the ready, in January 2000. Ramirez, who lives in Edinburg, Texas near the border with Mexico, had spotted a listing for the used Corvette in a magazine and wanted it badly enough that he talked his brother-in-law into accompanying him on a thousand mile road trip to Missouri to make the purchase. When Ramirez was pulled over by police in Kansas City, however, the tenor of the trip changed.
"They asked if I had any money with me, and I said yes," recalls Ramirez. "I didn't think they would take it away. I had nothing to hide." But the trajectory of the rental car, and the piles of cash, suggested otherwise to police--who suspected him of trafficking drugs from the Mexican border. As Ramirez tells it, he was detained at the side of the road for hours while his car was thoroughly searched and inspected by a drug dog. "They kept asking me, `Where are the drugs?'" he recalls. "I told them they had the wrong guy."
The Drug Enforcement Agency's file on the case indicates that Ramirez gave officers confused statements about both the money and his destination, and that his extremely brief stay in a Missouri motel looked suspicious. What's more, the drug dog "alerted" on parts of the car, indicating that drugs could have been there at one time--which, since it was a rental car, may or may not have anything to do with Rudy Ramirez.
Still, the search turned up no drugs of any kind, and the officers finally told Ramirez that he was free to go--but not before confiscating $6,000 of his money in the name of the federal war on drugs in a process known as "forfeiture." Despite check stubs that he says prove that the money came from a car accident settlement reached several months before, and bank records showing that it was withdrawn from his account just prior to the Missouri trip, Ramirez has, to this day, been unable to get his money returned. He shakes his head as he describes it. "All I want is my money back," he says.
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According to a report prepared for the Senate Judiciary Committee, at least 90 percent of the property that the federal government seeks to forfeit is pursued through civil asset forfeiture. And although forfeiture is intended as punishment for illegal activity, over 80% of the people whose property is seized under civil law are never even charged with a crime according to one study of over 500 federal cases by the Pittsburgh Press. For this reason, critics say, the system can run roughshod over the rights of innocent property owners--and fail to distinguish them from the guilty.