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Madison County, Ill., where Huff was pulled over, is bisected by I-70 just outside of St. Louis. Interstates are a particularly rich ground for forfeiture. Law enforcement officials say that's because interstates are ideal for drug running.
Critics say it's because police can target out-of-state drivers, who are more likely than local residents to accept a police officer's baseless accusations and turn over their property, rather than refuse and face arrest, multiple returns to the state for court dates and thousands of dollars in legal expenses. Sometimes winning the property back can exceed the actual value of the property.
Faced with that choice, it isn't difficult to see why innocent people would opt to hand over their cash and head home.
"The joke around our office is that all you need for probable cause in Madison County is an Arizona, New Mexico, Texas, or Florida license plate," says Rekowski, the public defender. Collinsville defense attorney Jessica Koester says she's seen the same thing. "If you're from out of state, they're simply going to find a reason to pull you over."
Local news reports indicate that Illinois law enforcement agencies along the I-70 corridor have ramped up their forfeiture efforts in recent years. Rekowski said one tactic police use is to put up a sign for a "drug checkpoint" roadblock ahead. In 2000, the U.S. Supreme Court said such checkpoints are illegal; roadblocks are legal for DWI checks, but not for narcotics checks. But Rekowski says that isn't the point.
"They put the sign up so there's only one exit you can take to avoid it. Then they pull over and search anyone who tries to exit before the roadblock."
That tactic too is constitutionally suspect. Police can't pull a driver over merely for exiting before an announced (and illegal) drug checkpoint. "But, of course, that isn't why they'll say they've pulled you over," Rekowski says. "They'll say you crossed two lanes to get to the exit, or switched lanes without signaling, or that you cut someone off."
The Edwardsville Intelligencer reported in 2010 that the Madison County State's Attorney's Office has reaped a half-million dollars from the policy over eight years, which at the prosecutor's take of 10-12 percent suggests a total bounty of $4.5 million to $5 million. Madison County Assistant State's Attorney Stephanie Robbins, who handles forfeiture cases for the office, told local paper the Telegraph in 2010, "Law-abiding citizens have nothing to worry about."
