Wednesday, March 10, 2004

Man, Never Charged, Sues To Get Money Seized by Cops
By Chris Vogel
Journal Staff Writer
In 2001, Albuquerque police seized $10,000 from Chris Jones in a criminal case he was never charged in.
Now, Jones is determined to get his money back. He has filed a federal suit in U.S. District Court seeking money APD seized when officers arrested a man he lived with.
Jones's attorney Jody Neal-Post said she knows of other instances similar to her client's case. She said if Jones' lawsuit prevails, scores of residents could get back items the city has been holding.
Jones filed the suit in February against the city, five police officers, Chief Gilbert Gallegos, City Attorney Bob White and Assistant City Attorney Donald Harris.
Jones' lawsuit contends the money is not linked to the domestic-violence case that initiated the 2001 search, and the city failed to follow proper procedures.

* * *

Police searched the suspect's home and a locked safe in Jones' room was opened, the lawsuit said. Inside the safe, police found $10,000 in cash, police records said.
Jones was never charged in connection with the incident, and the money was from a settlement he received from an automobile accident, the lawsuit states.
Neal-Post said the city did not file forfeiture papers in court to seize the money within the required 30 days or "make an attempt to correct their failings"— thus making it illegal for the city to keep the money.
The lawsuit is asking a federal judge to stop APD and the city from indefinitely holding seized property without following state forfeiture procedures.
"This could happen to anyone," Neal-Post said. "You don't have to be a criminal.".....


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