Atlanta Black StarAtlanta Black Star

Despite finding no drugs or signs of criminal activity, a local Westchester County police squad seized and kept thousands of dollars found in a Black woman's Rochester, New York, home. After a year and a half, the money has not been returned to the entrepreneur, and she has aligned with a pro bono legal team to assist in her fight for her property.

New York woman fights to reclaim over $8,000 seized by police. (Photo credit: Screenshot from Institute for Justice)
New York woman fights to reclaim over $8,000 seized by police. (Photo credit: Screenshot from Institute for Justice)

In October 2020, members of the Rochester Police Department raided a West Main Street apartment. The D&C reports that law enforcement suspected the man of selling drugs after finding drugs at another home.

After combing through the residence, officers were unable to find any narcotics, but they did find $8,040, two cars, and the boyfriend, who they thought was a drug dealer.

Starling says that the money was hers and she wanted to expand her food cart business by buying a truck.

After the boyfriend was acquitted, the two cars were returned, but not her money.

She tried to get the money back after the acquittal, but ran into a number of obstacles before connecting with the Institute for Justice, a libertarian organization that fights civil forfeiture cases.

Starling tried to get his money back after the trial, but he didn't get it.

She didn't follow the rules after the federal prosecutors gave her a notice about the procedure for getting her money back.

The cash was not returned because she missed deadlines to file claims. Three months after money went into default, she entered her first claim.

The funds were divided between other law enforcement departments.

She shows in the paperwork that she was on vacation when the direct notice was sent to her.

A judge sided with the prosecutors in the woman's case.

The government was able to take her money by tying her up in complicated legal procedures, according to a statement on their website.

This is not an isolated situation according to her new representation.

Many people who have experienced forfeiture of money get frustrated and give up. Some people don't see the benefit of paying a lawyer to get their money.

Starling didn't give up.

Rob Johnson is an attorney for the Institute. I was able to find her because she got farther in the fight than anyone else.

The average value of forfeiture cases is small, meaning it doesn't make sense for most people to hire a lawyer even if they could afford one, and most civil forfeiture cases end with a missed deadline rather than a decision on the merits.

The Institute has been studying forfeiture data in 21 states and has seen cases where federal prosecutors will sometimes offer a return of up to half of the money back to the individuals they took it from. Starling said that despite her own case's default ruling, the government offered her a partial portion of her money, but she did not take it.

She asked if I had lost all rights to the full amount of currency and it was already in default, why would you offer half of it back?

She will appeal the judge's decision with the support of The Institute. The fight will be difficult.

The system is very complex and hard to navigate for lawyers, says a lawyer from the nonprofit.

The attorney confessed that lawyers get tripped up by the procedures and miss deadlines.

She believes the money should be hers since she didn't do anything and she was not charged with anything.

The new strategy is to appeal the district court's decision to the United States Court of Appeals for the Second Circuit.

  • Hilton Head Island Packet

    There are other games you can play that are safe.

  • Two Alabama men are accused of inciting or encouraging a riot after authorities said messages were spread online encouraging the spring break takeover of a Florida beach town.

  • You can find and compare your legal options online.

  • A 21-year-old man was arrested by the Henry County Sheriff's Department after they believe he lured a teenager to a wooded area and raped her.

  • A community task force reviewing the death of a Black teenager who was restrained for more than 30 minutes at a Kansas juvenile detention center found that an officer changed his answers on a form that would have led police to take the teen to a hospital instead of booking him into the center. The task force was told last month by an official who oversees admissions to the Sedgwick County juvenile intake and assessment center that an officer initially reported that a teenager needed medical attention before changing his story.

  • I am still in shock. All I remember was saying that I was rich when I found out how much I had won.

  • Ad12Up
    • Why this Ad?
    • Go ad-free*

    A man builds a trap to catch a thief.

  • There have been two incidents in the past few days in which a police vehicle struck a pedestrian.

  • The Hellcat ran out of gas after slipping the helicopter. The Dodge Challenger Hellcat was thought to be able to outrun the cops. He was correct about the police cars not being able to keep.

  • She said that I was shaming her for her weight because I was an awful friend.

  • AdXtraPC
    • Why this Ad?
    • Go ad-free*

    The device can make your computer run like new again. See how it works to save money.

  • Lizelle was arrested on a murder charge and held in the Starr County jail in Rio Grande City, Texas, before she was released on a $500,000 bond on Saturday.

  • According to police guidance, female prisoners can be strip-searched by officers who were born male.

  • The owner of a Georgia gun range, his wife, and their 19-year-old grandson were murdered on Friday at the facility in what appears to be a robbery.

  • You can battle your way through a visually-stunning mythicalRPG realm with hundreds ofchampions from 14factions.

  • The post Black couple sues North Carolina commission for racial discrimination over sale of historic school appeared first on TheGrio.

  • Two Republican delegates in Salt Lake County, Utah, lost their delegate titles because they were caught trying to vote more than once.

  • After the Missouri Supreme Court threw out his murder conviction, his family drove four hours to greet him. They are still waiting for him to leave a free man.

  • AdMagceutics
    • Why this Ad?
    • Go ad-free*

    Magtein is a magnesium supplement clinically proven to cross the blood-brain barrier and enhance memory, focus and attention. Try not to.

  • Raleigh News and Observer

    The agency has ever tagged a great white in Canadian waters.

  • Fresh food, coffee, and fried chicken can be found at 250 Royal Farms convenience stores on the East Coast.

  • In my twenties or thirties, I started asking about the sisters of my grandpa. When I was a child, my dad told me that Maude had trained as an architect and designed her own house, surprising accomplishments for a woman of her generation in the Mississippi Delta.

  • Simplify your life. In style! Checkout the Toyota Sienna.

  • The musical was going to run for a few days.

  • Two aides helped Rep. Madison Cawthorn stand from his wheelchair at a Trump rally.

  • State College Centre Daily Times

    The man was hit in the head by a goose that flew out of the woods.