Emerson Marcus

RGJ

Twenty forfeiture cases — more than the previous four years combined — have been filed by the Humboldt County District Attorney's Office since March 14, the day the county announced settling two lawsuits over cash seizures that drew media scrutiny.

Of the 20 forfeiture cases filed since last month in Humboldt County District Court, more than four exceeded $10,000 and the majority were filed as a result of Humboldt County Sheriff's Office traffic stops, the county clerk said.

Those losing cash will be notified and given the chance to contest.

A Reno attorney involved in one of the settlements said he plans to file a class-action lawsuit Thursday over the county's seizure policy.

"These guys don't get it," said Reno attorney John Ohlson, who on Wednesday presented the Reno Gazette-Journal a copy of a lawsuit alleging violations of constitutional search and seizure protections. "They don't understand that until you commit a crime you are part of the public and entitled to have money."

Winnemucca attorney Jack Bullock said Wednesday that the sheriff's office seized more than $15,000 from one of his clients.

"I visited the DA's office, and they didn't have evidence. They didn't have dashcam video," said Bullock, who was successful in getting the cash returned to his client two weeks ago.

"No court papers were ever filed," he said.

Kevin Pasquale, Humboldt County chief deputy district attorney, said the office filed the complaints because they have nothing to hide.

"After what was happening (with the two settlements), we put more of a focus on it," he said. "If you think about it, people have a right to know the facts. What is the best way to get facts out? We go to court with them. We are absolutely unafraid of the truth."

Pasquale said the district attorney's office had put forfeiture cases on the back burner because the office is short-staffed at three attorneys without a full-time civil attorney.

"Hopefully we are never in a position to where (forfeiture cases) have to be on the back burner again," said Pasquale, who mentioned the office is currently interviewing attorneys to fill a possible civil attorney position in the office.

The district attorney's office said in a statement following the settlements that cash was "lawfully seized" based on the office's drug-interdiction program, when criminal activity is suspected or after law enforcement were given consent to search.

For years, law enforcement around the country have legally used similar practices to combat drug trafficking.

"What I'm hearing on the street is that we stop you and ask you for your license, registration and your insurance, and how much money do you have?" Humboldt County Sheriff Ed Kilgore said at a sheriff's open house he hosted in March. "That simply is not how it is ever done."

The class-action lawsuit, yet to be filed as of Wednesday, says Trevor Paine of Wisconsin was stopped for allegedly speeding 84 mph in a 75 mph zone in November.

According to the complaint, Humboldt County Sheriff Sgt. Lee Dove "forcibly searched" the vehicle with a police K-9 because the dog acted as if there were drugs in the car. Dove failed to find drugs, but took $11,000 in cash from a lockbox, the complaint says.

The lawsuit alleges Pasquale oversaw the seizure.

Authorities told Paine to either sign a document abandoning the money and leave with the vehicle or have his car impounded, the complaint says.

Earlier this year, Ohlson represented Tan Nguyen, a California resident who said Dove seized $50,000 from a briefcase after a traffic stop in September for going 78 mph in a 75 zone. Paine contacted Ohlson after hearing about Nguyen's settlement, the Reno attorney said.

The sweeping class-action lawsuit alleges Dove "established a pattern and practice of stopping motorists traveling on Interstate 80 in or near Winnemucca" through "profile stop" or for violations.

In most cases, Dove did not give a citation; instead, he made stops to seize cash, the complaint says.

The second March settlement included Ken Smith, of Colorado, from whom $13,800 and a handgun was seized.

The district attorney's office did not disclose how much money was involved in the two March settlements, but Ohlson told KRNV News 4 that his client received a check for $50,000 and $10,000 in legal fees.

The Associated Press contributed to this report.