US Marijuana Party

Tuesday, January 11, 2005

Pot o' gold for city, county in cash forfeiture

By MICHAEL MOORE of the Missoulian

District Judge Douglas Harkin ordered about $178,000 forfeited to the Missoula Police Department, Missoula County and the state of Montana after Gordon Garbet, a Canadian, filed no response in the case.

The case was filed after Garbet and another man, Daniel G. McCauley of Washington, were arrested in November after Garbet allegedly tried to pick up cash that had been sent through FedEx to a Missoula shipping office.

Several separate legal proceedings arose from the arrests. Both men were charged criminally with felony possession of property subject to forfeiture. And civil forfeiture cases were filed against each man for the property seized in the arrests.

The basis for this whole case is that a Fed-Ex employee thought the money smelled like marijuana. The "felony possession of property subject to forfeiture" charges defy logic.


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