Police Seized $39,500 From Him at the Airport, but Never Charged Him With a Crime

Jerry Johnson is the proud owner and operator of a small trucking business and lives just outside Charlotte, North Carolina. To keep his business growing, Jerry saved his money until he had enough to purchase a third semi-truck. And based on his research, Jerry was confident he could find a good deal at an auto action in Phoenix, Arizona. So, in August 2020, Jerry did something that is completely legal: he flew domestically with cash (from Charlotte to Phoenix). That was when his trouble began.


https://ij.org/press-release/charlotte-trucking-company-owner-fights-for-39500-police-took-from-him-at-phoenix-airport/


After Jerry landed at the Phoenix airport, he was approached by a detective and questioned about the cash. That detective accused him of laundering money for illegal drugs and refused to believe that Jerry was operating a legitimate business. Eventually, under the threat of arrest and further interrogation, Jerry let the detective take the $39,500 that he had in his carry-on and checked bag. He returned home the next day without his money and without a truck.

When Arizona prosecutors tried to take the money by civil forfeiture, Jerry hired an attorney. Jerry knew that he had done nothing wrong, and so he made the decision to fight for his rights and the return of his hard-earned money. But to challenge the forfeiture, Jerry first had to prove that the money was in fact his.

The evidence Jerry presented at the hearing should have been more than enough to allow him to continue pursuing the return of his property. After all, the only question the court was supposed to decide was whether Jerry had shown that the money, which was taken directly from his carry-on and checked luggage, was his.

But instead of answering that question, the court listened to the state’s completely circumstantial case and answered a different question. The court determined that Jerry had not shown that he was the innocent owner of the money. In so doing, the court held Jerry to a higher standard than the one imposed by Arizona law, essentially requiring Jerry to prove his own innocence. It also absolved the state of its burden of proof—its duty to prove by clear and convincing evidence that Jerry’s money was connected to criminal activity in order to forfeit his property.

Now the Institute for Justice is teaming up with Jerry to help him fight for his money. Making someone prove their own innocence before they can even contest the forfeiture of their property violates the constitutional guarantee of due process.
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