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William “Bart” Davis and John Newmerzhycky were stopped in
Iowa back in April of 2013. During this stop, the Trooper
seized more than $100,000 in cash that Davis and Newmerzhycky won in a poker
USA Today, the two men had been flagged which called for a Trooper to follow them.
The Iowa Trooper, who was part of the Interdiction Team, pulled the two
men over after “not using the proper turning signals.” The
dash cam on the Trooper’s car clearly showed that Davis and Newmerzhycky
had used the proper signal.
After Davis and Newmerzhycky had been pulled over, the Trooper decided
to do a Motorist Interview. State Trooper Justin Smith, claimed that Newmerzhycky
had been acting very fidgety and nervous during the interview. Smith then
released Newmerzhycky, but right after asked him if they had any drugs
or money in the car. Smith then called Trooper Eric VanderWiel and his
drug dog to the scene. VanderWiel’s dog sniffed the car and found
a briefcase with $85,020. After they continued to search the car, Iowa
Troopers found an additional $15,000 in cash and a grinder with a small
amount of marijuana in it. Newmerzhycky was then cited for possession
of drug paraphernalia, which was the only charge that either man received
in Iowa. However, the Trooper’s did seize the money in which the
men had won from the poker tournament.
The next day, California law enforcement searched both of the men’s
homes after being tipped off by the Iowa agent. After finding marijuana
in their houses, both men were charged with felony charges even though
they had medical marijuana cards. The charges were later dropped and the
men received part of the money back.
Now both men are suing the Iowa State Patrol Troops for unlawfully stopping
and seizing more than $100,000. Davis and Newmerzhycky claim the search
was illegal because there was no probable case for it. There was no clear
evidence that the men were doing an unlawful activity and should get the
rest of their money back. What do you think?
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County criminal case or arrest
in Denton County, contact the offices of Tim Powers today. There is no
charge or obligation for the initial consultation. 940.580.2899
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult
an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success
Providing Quality Representation for your Denton, Lewisville, Flower Mound,
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