Can You Run From The Police If You Did Nothing Wrong?
On Behalf of Konta Georges & Buza P.C
You don’t want to have an encounter with the police. On a walk through your neighborhood, you spot an officer coming toward you. It looks like he’s just walking on patrol, not coming toward you specifically, but you turn and start jogging the opposite way. Have you done anything wrong?
You have not. This is not illegal. You are under no obligation to go near a police officer or talk to them. You’re not breaking the law by running away. You’re free to do whatever you want.
However, be aware that this action can cause things to spiral out of control. Police officers have been given the leeway to see running as suspicious behavior, especially in areas where crime is common. Though some call this a double standard, it does happen. They may see you turn and run and decide to chase you down because they think that your actions make it look like you have something to hide.
Say you keep running. Knowing you have done nothing wrong, you actively begin trying to escape the police as they chase you. Maybe they try to grab you and you pull away and run. Are they now going to charge you with resisting arrest? If you have something illegal in your pocket, like a marijuana pipe or a joint, can you be charged with an additional offense? Did the police have a right to arrest you in the first place?
If you’re facing an arrest related to running from the police, you may have all of these questions and many more. Be sure you take the time to find the answers and look into your defense options if you get arrested. An experienced advocate can help you figure out what happens next.
How to Keep the Airport Police from Stealing from You
Law enforcement civil asset forfeiture abuse is out of control and it’s most evident at the Detroit Metropolitan Airport. This article covers how to keep the airport police from stealing from you.
The Airport Police and Drug Enforcement Administration (DEA) spent a lot of time looking for travelers they believe fits the profile of someone traveling with large amounts of cash.
These travelers are those who book their flights on short notice, have little or no luggage, and have quick return flights.
The location of the flights are of interest to them as well.
California seems to be a place where they believe people are purchasing large amounts of marijuana and shipping it back to Michigan.
When they find someone fitting their profile, they’ll stop and question them.
If that person has a large amount of money, no matter the reason, they take it.
Michigan’s civil asset forfeiture laws permit law enforcement to seize money or property if they have “probable cause” to believe it’s proceeds of illegal drug trafficking.
The problem is they’ll make up a reason, giving them a right to take the money and force the person to fight for it back.
First, the person, or claimant, has to file a written claim within 20 days.
If they do so timely, then they’ll negotiate with the county or federal prosecuting attorneys who will try to keep as much as they can.
Dealing with civil forfeiture or airport police who’ve stolen from you? Unhappy with your current attorney? Request a free consultation now.
How the Detroit Metropolitan Airport Police were able to steal $10,000
I had a client who booked a flight to LA that was leaving Detroit a few days later.
The return flight was the following day.
He was going to purchase some merchandise for his legitimate business in cash. He traveled with only a carry on.
Detroit Metro Airport police stopped and questioned him.
They discovered he had about $60,000 in cash in his bag and confiscated it.
Of course, their actions inspire fear and intimidation.
In this case, the right to contest the seizure was unknowingly waived.
They stole his money without any evidence that it was drug trafficking proceeds.
The police believe that travelers are bringing cash to California to purchase marijuana to sell in Michigan.
Even if this were true, which in my client’s case it wasn’t, that doesn’t turn the cash into drug trafficking proceeds.
Perhaps it’s meant to be exchanged for drugs, but that isn’t the applicable law.
Evidently, the law doesn’t matter to the police because all they’re interested in is keeping as much money as possible.
The waiver was coerced and since there was no evidence of drug trafficking proceeds, I was able to return $50,000 to my client.
However, the police still were able to keep $10,000 of my client’s money.
That’s a lot of money to steal, yet they got away with it.
It would cost more in legal fees to fight it.
So what should someone do if they want to travel with cash without being subject to airport police seizure?
1. Do not travel with medical marijuana
Having cash in close proximity to controlled substances, including medical or recreational marijuana, will give them a reason to seize the money because it was intended for interstate travel.
2. Do not answer any police questions
The most harmful information generally comes directly from the person with the money trying to explain what’s going on.
There’s no obligation to say anything.
The best advice is to tell them that your lawyer will be in touch immediately.
3. Do not consent to a search
The police generally don’t have a right to search your stuff so don’t let them.
They’ll immediately be out of luck.
Unless you’re under arrest, which is generally impossible unless you have done something wrong, they should let you go.
4. Do not waive your right to contest the seizure
This is a new tactic.
The police use fear and intimidation to get the person to sign a waiver.
While we usually successfully fight these in court, there’s no reason ever to sign them.
Every person has a right to not do any of the above requested actions.
By following this advice, you’ll be able to keep your money.
These are the ways you can keep the airport police from stealing from you.
If you ever find yourself in this unfortunate situation, our team of attorneys are experienced in fighting civil asset forfeiture.
We’ll fight for your money and your reputation, even if it means going up against law enforcement.
Dealing with civil forfeiture or airport police who’ve stolen from you? Unhappy with your current attorney? Request a free consultation now.
ICE waited over an hour to notify cops that ‘violent’ prisoner escaped custody at JFK Airport
By Graham Rayman | grayman@nydailynews.com | New York Daily News and Thomas Tracy | ttracy@nydailynews.com | New York Daily News
PUBLISHED: March 29, 2018 at 10:44 AM EDT | UPDATED: April 7, 2018 at 3:25 AM EDT
A “violent deportee” who had been repeatedly arrested on gun possession charges slipped through the feds’ fingers at Kennedy Airport — but agents waited for more than an hour before notifying cops that he had run off, officials said Wednesday.
The escapee, a Senegal native identified as Mohamadou Lamine Mbacke, 31, remained on the loose after getting away during a layover from Detroit at about 8 p.m. Tuesday.
Immigration and Customs Enforcement agents were taking Mbacke to an airplane bound for Africa in Terminal 4 when they uncuffed the prisoner.
When the cuffs were removed, Mbacke, who lived in the Bronx about a decade ago, bolted, sources said.
ICE and TSA officials didn’t tell the Port Authority Police Department of the escape until 9:15 p.m. — but by then Mbacke had already jumped into a taxi outside the airport and disappeared, according to video surveillance recovered by PAPD detectives.
The misstep outraged the Port Authority police union leaders.
“The delay in notifying the Port Authority Police Department about the prisoner’s escape is yet another example of the lack of coordinated communications between all law enforcement agencies at our nation’s airports,” said Paul Nunziato, president of the Port Authority Police Benevolent Association.
“(We) have been calling for coordinated, integrated communications between law enforcement agencies along with seamless video surveillance systems with law enforcement access.”
Mbacke was described as a “violent deportee” who had been in ICE custody since 2015, when an immigration judge ordered him back to Senegal.
He had been arrested twice for carrying a concealed firearm and weapons possession in Michigan in 2012 and 2013, and had done two years in prison after pleading guilty to the 2013 charges before ICE began deportation proceedings.
He entered the U.S. legally in 2005. On Oct. 2, 2010, while in New York City, he was arrested in Midtown for marijuana possession, cops said.
ICE would not immediately comment on why it took so long for their agents to inform the PAPD about Mbacke’s escape.
Mbacke is described as black, about 6-feet-2 and 190 pounds. He has a scar on his upper left neck and was last seen wearing a purple or black shirt, jeans and sneakers, officials said.
Anyone who sees Mbacke is asked to call authorities immediately.
