GUN Police seize mans life savings after he kills home invader

Discussion in 'On Topic' started by TL1000RSquid, Dec 23, 2007.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Man wants his $400K back from the FBI
    Greg Sowinski | [email protected] - 12.18.2007
    http://www.limaohio.com/story.php?IDnum=47047

    LIMA — Two robbers who broke into Luther Ricks Sr.’s house this summer may have not gotten his life savings he had in a safe, but after the FBI confiscated it he may not get it back.

    Ricks has tried to get an attorney to fight for the $402,767 but he has no money. Lima Police Department officers originally took the money from his house but the FBI stepped in and took it from the Police Department. Ricks has not been charged with a crime and was cleared in a fatal shooting of one of the robbers but still the FBI has refused to return the money, he said.

    “They are saying I have to prove I made it,” he said.

    The 63-year-old Ricks said he and his wife, Meredith, saved the money during their lifetime in which both worked while living a modest life.

    A representative of the FBI could not be reached for comment.

    During the fatal shooting incident inside the house June 30, Ricks and his son were being attacked by two men and his son was stabbed. Ricks broke free, grabbed a gun and shot to death 32-year-old Jyhno Rock inside his home at 939 Greenlawn Ave.

    Police originally took the money after finding marijuana inside Ricks’ home, which Ricks said he had to help manage pain.

    “I smoke marijuana. I have arthritis. I have shingles, a hip replacement,” he said.

    Ricks, who is retired from Ohio Steel Foundry, said he always had a safe at home and never had a bank account.

    American Civil Liberties Union of Ohio Legal Director Jeff Gamso said Ricks has a tough road ahead, not impossible, but tough to get back his money.

    “The law of forfeiture basically says you have to prove you’re innocent. It’s terrible, terrible law,” he said.

    The law is tilted in favor of the FBI in that Ricks need not be charged with a crime and the FBI stands a good chance at keeping the money, Gamso said.

    “The law will presume it is the result of ill-gotten gains,” he said.

    Still Ricks can pursue it and possibly convince a judge he had the money through a lifetime of savings. Asking the FBI usually doesn’t work, he said.

    “The FBI, before they would give it up, would want dated receipts,” he said.

    If the FBI does keep the money, it would be put toward a law enforcement use, if the city of Lima does not fight for it because the city discovered it, Gamso said.

    Lima Law Director Tony Geiger said he has not been asked to stake a legal claim for the money.
     
  2. Gimik

    Gimik New Member

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    holy fuck that's horrible.
     
  3. VladTemplar

    VladTemplar New Member

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    I really don't understand why you guys hate on the ACLU. I've been a card-carrying member since the day I turned 18. The reason being in case something like this happens I've got a 1-800 number to call for representation on the spot.
     
  4. mikeflys1

    mikeflys1 New Member

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    :werd:
     
  5. Gaunt

    Gaunt blood for the blood god OT Supporter

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    im tring to figure out how the FBI has jurisdiction in this case. it certinely isnt a federal crime
     
  6. Alphaeus

    Alphaeus New Member

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    He has to prove he made it? Since when is that an affirmative defense? They should have to prove he didn't make it.

    That said, why would he keep over 400k in a safe at home rather than at a bank?
     
  7. Alphaeus

    Alphaeus New Member

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    I wonder what your ACLU thinks about your gun-related civil liberties.
     
  8. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Welcome to the war on drugs, he had a couple grams of weed, so he has to prove he didnt make that 400k dealing.

    He should of locked his weed up in the safe before the cops came and kept his mouth shut about any money in the safe.
     
  9. nolecdt

    nolecdt New Member

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    Civil and criminal forfeiture happens all the fucking time. It's fucking ridiculous. This is why I will never carry more than a hundred dollars cash when I take long trips. If you get pulled over and the cops find it, all they need is probable cause to take it. No ticket, or crime to charge you with. And if you fight for it, you'll be lucky to get half of it back.
     
  10. VladTemplar

    VladTemplar New Member

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    http://www.aclu.org/police/gen/14523res20020304.html

    I don't agree with their policy here in that the 1939 case made the 2nd Amendment a collective right. However, the ACLU has stayed way the fuck away from ANY 2nd Amendment cases. It's a huge hot button issue for them because they've got a lot of backing and financial support from people who don't agree with their position on the issue, but agree with them everywhere else (which is where I stand).

    Their rank and file agree with their position on the issue. It will be interesting to see the ACLU respond if the current case ends up being decided as an individual right. If the ACLU doesn't accept this and keeps pushing the collective position than I'll shred my card and so will a lot of their heavy donors.

    So, basically, it's an issue on which the ACLU has made a policy stance, but by and large they just steer clear of the issue.
     
  11. T0nyGTSt

    T0nyGTSt New Member

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    there's no law that says you have to keep your money in the bank
     
  12. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    No, but if your caught with a large amount of cash its on you to prove you got it legally.

     
  13. mikeflys1

    mikeflys1 New Member

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    Suprise suprise...cops are the biggest crooks of all :dunno:
     
  14. MR. Marti

    MR. Marti New Member

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    wow that sucks ass.
     
  15. Tdizzle

    Tdizzle New Member

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    Vegas, son.
    If they have probable cause chances are you'll be getting siezed too.
     
  16. nolecdt

    nolecdt New Member

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    :o My bad, reasonable suspicion.
     

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