November 11, 2003

Dan Peruchi, father of four, enjoyed fixing up old cars and reselling them. Because the dealers he worked with dealt mainly in cash, he usually had lots on hand. Peruchi was driving home to Ft. Worth, Texas when he noticed the flashing lights of a police car behind him. After pulling him over, the officer asked to search Peruchi's car. Peruchi had about $19,000 in a satchel, but nothing criminal to hide, so he consented. The officer found Peruchi's cash, and immediately suspected Peruchi was involved with drugs. He called in drug-sniffing dogs, who then reacted suspiciously to Peruchi's satchel (most all of the U.S. money supply carries faint amounts of drug residue, mostly cocaine).

The dogs' reaction, no more, was enough for the West Memphis police department to seize Peruchi's money. When Peruchi protested, the police officer retorted, "Carry checks next time."

Peruchi was never arrested. He was never even charged. But his money was gone, under the absurd premise that property can be guilty of a crime, even if its owner isn't. The police department deposited Peruchi's money into its own operations budget, as it was permitted to do under Arkansas' drug forfeiture laws. Peruchi was told that if he tried to fight the county, his case would be turned over to the Drug Enforcement Administration. "Try fighting the feds," he was told. Even if Peruchi had won in court, his legal costs would likely have amounted to more than the $19,000 he was fighting for, and it's improbable that he would have been reimbursed for his legal fees.

Peruchi is but one of many similarly outrageous stories told the new book Mugged by the State, by Randall Fitzgerald ...

-- just one of several nightmare stories teased by Radley Balko.

Posted by Greg Ransom | TrackBack