This weekend, IJ client Jerry Johnson finally got back the nearly $40,000 that police seized from him at a Phoenix airport—after a two-and-a-half-year legal battle.
Jerry, the owner and operator of a small trucking company in North Carolina, flew to Arizona in 2020 to attend an auto auction. In his luggage was $39,500 he had saved to buy his third semi-truck. Flying domestically with cash in any amount is completely legal, but that didn’t stop police from accusing him of laundering money and seizing his savings. Prosecutors never charged him with a crime, but they attempted to keep his money using civil forfeiture.
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Click to watch our video on Jerry's case
When Jerry fought back in court, a judge ruled he failed to prove the cash—taken directly from his bags—was his and, therefore, he couldn’t contest the forfeiture. So, Jerry teamed up with IJ to appeal that ruling. And the Arizona appeals court issued a resounding ruling in Jerry’s favor, with one of the judges telling the state’s attorney during argument in the case, “I’m sorry if it seems harsh that the state should actually have to come forward with evidence before it takes people’s money away at the airport.”
Despite our victory on appeal, it still took law enforcement almost a year to return what they wrongly seized from Jerry. Because Jerry and his family suffered financial hardship and missed business opportunities while his money sat in a government account, we will continue to fight until he is made whole—including interest and the fees he paid to attorneys before IJ stepped in.
Please consider supporting IJ's work to defend the rights of everyday Americans like Jerry. ([link removed] ) With your help, IJ will keep fighting until we end the abusive practice of civil forfeiture entirely.
Scott
Scott G. Bullock
President and Chief Counsel
Institute for Justice
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