On June 9, Dimitrios Patlias was driving through West Virginia on his way to Jefferson County’s Hollywood Casino. Traveling with him was his wife, Tonya Smith, who at the time was eight months pregnant. They were pulled over by a highway patrol officer who said Dimitrios had failed to stay in his lane.
The officer accused them of smuggling cigarettes or even of having drugs in the car. When he found cash worth $10478 in the vehicle together with 78 rewards and gift cards, the officer accused them of gift card fraud. However, the officer found no evidence of wrongdoing. He issued Dimitrios a warning and let them go. Despite this, the officer took their cash, gift cards, and Dimitrios’ phone. Dimitrios and Tonya returned home to Egg Harbor, New Jersey with only $2. They had not been charged with any crime.
The officer was able to seize Dimitrios and Tonya’s property using a procedure known as civil asset forfeiture. This is where law enforcement officials are able to seize property or money they believe to have been involved in a crime. In most states, criminal charges do not need to be filed, and no criminal conviction is necessary.