Reports that two men had filed lawsuits in federal court against the county stirred concerns among Humboldt County residents that deputies are making illegal searches and seizures along I-80 in the high desert near Winnemucca about 165 miles east of Reno.
Humboldt County Sheriff Ed Kilgore said he can’t discuss case details, but he wants to assure residents the stops are legal and not intended to shake down unsuspecting visitors. He said that civil forfeitures are legal if an arresting officer suspects the individual obtained – or intends to use – the money illegally.
“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? That simply is not how it is ever done,” he said at a sheriff’s open house he hosted Tuesday night that attracted about 40 people to the Winnemucca Convention Center.
The federal plaintiffs from California and Colorado tell strikingly similar stories about their stops near Winnemucca in September and December. No drugs were found or arrests made, but both say they were told they’d be released with their vehicles only if they forfeited their cash in violation of their constitutional rights.
One gave up a briefcase filled with $50,000 cash, and the other handed over $13,800 and a handgun, their lawsuits contend.
“It’s like Jesse James or Black Bart,” John Ohlson, a Reno lawyer representing one of the men, told The Associated Press last week.
Bob Pace was among the locals who raised concerns that regardless of whether the claims are true, they may be giving the town a black eye.
“The majority of the community is extra concerned,” said Pace, who taught school for 30 years and now works in the mining industry.
” You have a huge job and do it well,” he told Kilgore. “But the perception is an individual on the road is stopped, and they are not cited. They are not arrested, but their cash or their weapons are confiscated.”
Humboldt County District Attorney Michael Macdonald said that in cases of civil forfeitures, individuals have the right to go to court to try to prove they obtained the money is legally, rightfully theirs.