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A question of plaintiff ‘standing’ in Pinal RICO case

Posted by   /  January 17, 2018  /  No Comments

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Terry and Ria Platt loaned their car to their son in 2016. Law enforcement impounded the car after finding “personal use marijuana and drug paraphernalia,” but no charges were ever filed. The Platts’ lawsuit is just the latest in a long string of forfeiture controversies in Arizona.

Pinal lawyers seek dismissal of claims Arizona’s forfeiture laws are unconstitutional

The parties in an ongoing lawsuit involving how Pinal County seizes criminal assets are arguing whether the state’s laws inherently violate due process rights.

Lawyers representing Pinal County filed a motion on Dec. 22 asking a federal judge to dismiss claims that Arizona’s forfeiture laws are unconstitutional.

Related: Pima County supervisors hire lawyer to review county attorney’s RICO funding requests

“Enough is enough” is how counsel for Rhonda Cox began its response to the defense’s motion, noting how this same argument has been unsuccessfully raised before in the case.

Cox filed a lawsuit against Pinal County in 2015 after her truck had been seized by the Sheriff’s Office. The plaintiff’s son had been borrowing it in 2013 when PCSO deputies arrested him for theft. Cox wasn’t able to reclaim her truck, despite not being involved in the crime.

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  • Published: 1 month ago on January 17, 2018
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  • Last Modified: January 17, 2018 @ 11:29 am
  • Filed Under: Courts/Law

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