Wis. Drug Offender Files Lawsuit Over Seized Bail Money August 10, 2004
News Summary
Fidel Ortega Robles of Wisconsin, who was arrested last month on drug charges, has filed a lawsuit in Waukesha County Circuit Court to have his $25,000 bail money returned. The money was seized after a drug-sniffing dog found traces of narcotics on it, the Milwaukee Journal Sentinel reported Aug. 3.Donna Kuchler, the attorney representing Robles, said the seizure was illegal, contending that dog sniff tests are unreliable evidence of illegal drug sales or use. Furthermore, Kuchler said the money came from acquaintances of Robles, and no link had been established between Robles and those who posted the bail.
Kuchler added that previous federal court rulings have "held that law-enforcement officials are prohibited from seizing funds based primarily on the fact that a person has a large sum of cash, even where a drug dog sniff has detected residue." She said that Robles "remains incarcerated for no other reason than that a drug dog picked up cocaine traces on six of the many bills submitted as part of the petitioner's bail payment."
A hearing on the case has been set for Aug. 26.
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