Couple wants its cash back

What makes this case of civil forfeiture so egregious, Iowa has terrible law that makes   it almost impossible for innocent people to win in court. The police only have to prove by a preponderance of evidence that they have reason to believe the money is connected to criminal activity. 

Iowa’s civil forfeiture laws place a heavy burden on property owners.  Under state law, the prosecutor must only show that the property is related to criminal activity and can be forfeited by a preponderance of the evidence.  Once the prosecutor meets that burden, the burden is on the property owner to show his innocence, or in other words, that he did not know and could not have reasonably known of the conduct or that he acted reasonably to prevent the conduct giving rise to the forfeiture.  Moreover, law enforcement receives 100 percent of the value of any property seized under Iowa forfeiture law, and law enforcement agencies are not required to collect or report their forfeiture proceeds. 

A Minnesota couple has filed a petition against the Iowa City Police Department and three of the department's officers requesting the return of more than $40,000 in cash that police seized from the couple's vehicle during a traffic stop last month.

Tiffani D.S. Barber and Kearnice C. Overton, of St. Paul, Minn., filed an application April 11 in Johnson County District Court claiming that officers from the Iowa City Police Department wrongfully seized $48,000 cash from Overton's vehicle March 16.

Overton was driving from Davenport to St. Paul with his four children when Officer Michael Clark stopped his vehicle on Interstate 80 for traveling in a group of vehicles that was speeding, according to the court document.

During the traffic stop, officers Travis Neeld and Ian Alke responded along with the K-9 unit. One of the officers said the dog gave a silent indicator on the vehicle, allowing police to search, according to the document.

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"This money was wrongfully seized. I was not arrested, nor were any charges lodged against me in connection with this money," Overton states in the document. "This money was in no way connected to any criminal activity."

According to court documents, Overton traveled to Rock Island with the money in early March to buy two properties from his cousin, but the sale didn't go through and he was driving back to St. Paul when he was stopped by police March 16.

Couple wants its cash back