Two Men, En Route to Plano to Buy a Car, Say They Were Jailed for 39 Days without Cause

prisoner in jail.jpg
Jaime Moreno-Gutierrez and Roberto Moreno-Gutierrez just wanted to reduce their carbon footprint. Or maybe they just wanted to save on gas costs. Either way, they sold their gas-guzzling 2004 GMC Envoy and set off from their home in Killeen on March 31, 2011, and headed for Plano, where a dealership was offering a used 2007 Nissan Maxima hybrid for $14,000.

But a trip that should have taken less than a day turned into a month-long ordeal after a traffic stop outside Hillsboro, about halfway between Waco and Dallas. There, according to a lawsuit they filed last week in federal court, they were pulled over by a state trooper for no reason, thrown in the Hill County Detention Center, and kept them there without cause for 39 days.

The trooper who made the arrest, Carl Clary, seemed to suspect the men of transporting drugs. That they were carrying $14,000 in cash and checks was no doubt suspicious, but they swore repeatedly, though there was no translator present to interpret their pleas into English, that they were simply on their way to buy a car.

The suit says that Clary ignored this and had his drug dog give their car a thorough going over. Then, after the canine found nothing, he "tore apart the vehicle looking for money or drugs that did not exist."

Their lawsuit doesn't say it in so many words, but both the Moreno-Gutierrezes seem to be in the country illegally. But the charge on which they were booked into jail was listed as money laundering, according to jail records obtained by the men's attorney. Even if they are undocumented immigrants, the men claim that both the Texas Department of Public Safety and Hill County authorities violated basic due process protections.

To begin with, they were never told they were under arrest and never read their Miranda rights. They were simply told by Clary that they would be interviewed where it was quiet. Also, according to the lawsuit, no probable cause affidavit was ever filed, they were never brought before a magistrate and they never had a bond hearing, all requirements for holding someone in jail. State law requires authorities to release those they arrest within 72 hours if a magistrate does not find probable cause for their detention. And ICE's detention holds on non-citizens last for 48 hours, according to suit.

Needless to say, those time periods had been well exceeded by May 9, when the men were released on an immigration bond.

The lawsuit claims that Hill County routinely holds illegal immigrants for longer than allowed by law. In this case at least, it says the men suffered a loss of their constitutional rights and liberty, and that this was intentionally inflicted. They're asking for unspecified damages.


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54 comments
ozonelarryb
ozonelarryb

it don't say 'citizens', it says "all men are created equal, endowed with unalienable rights..."

Grant Gryseels
Grant Gryseels

3 life lessons take from this: be in a country legally; learn how to speak that country's language enough to cover your butt; learn how to get a cashier's check.

Dallasphotog
Dallasphotog

I think the bigger question is why are police continuously allowed to go fishing on a cash grab, seize cash and refuse to return it...even  when no charges are filed.  Seizure laws in this country are ridiculous.



joeinbost
joeinbost

39 Days   should be 3.9 Million in damages  Then to teach the trooper  lesson put him under House Arrest for 39 Days and shut off the Cable.

ogenjr
ogenjr

Illegal immigrants, constitutional rights and liberty?

oakclifftownie
oakclifftownie

My worry is it could happen to any one of us who posts here ....

cantkeepthetruthdown
cantkeepthetruthdown

About the only people that still have rights in this country are the ones who aren't even citizens. If liberals continue to have their way it will only get worse. 

BettyC1
BettyC1

A dam shame what goes on in the small Town jails.

Montemalone
Montemalone topcommenter

Another in the long, long list of reasons to avoid Plano, or anything to do with Plano.

gmit
gmit

Aparently they are pretty good guys if they worked long and hard enough to save $14,000 do the math on that and let me know if you have that many hours of wages saved

everlastingphelps
everlastingphelps topcommenter

It was highway robbery, targeting the powerless.  I hope they get their $14K back, and then another 10x that in compensation.

Make no mistake, though, the only unusual thing was them being jailed.  Normally the police just steal your money, let you go, put the money in the slush fund, and call it "asset forfeiture."

unclescrappy
unclescrappy

How about we just give them a 1 way ticket out of America. Sounds like a fair settlement since they were breaking the law to begin with by being in this country ILLEGALLY !!!!

brendalopez24
brendalopez24

@Grant Gryseels you are an idiot. who still uses cashiers checks?

TexMarine
TexMarine

@joeinbost except that would cost the citizens of Texas 3.9 million as the DPS is not a private corporation. The union will circle the wagons if there's any attempt to get near Trooper Clary. The real crime here is that there's apparently no deals on hybrid Maxima's anywhere but Dallas?

cliffd972
cliffd972

@ogenjr Basic due process and habeas corpus should be afforded to everyone residing in any country that prides itself on the rule of law.

Justin
Justin

@cantkeepthetruthdown I think you should tell anyone and everyone you see how you feel about this. In fact, I think you should run for office. Make this the center of your campeign and be sure to tell everyone you are a true Republican. Make sure they know that if they don't believe exactly like you do, they should not even bother to vote Republican. Tell them they are just liberals and might as well vote as liberals. In fact, call them libtrards . . . but no matter how much they claim to be conservative, tell them they are liberal and should vote accordingly . . . please?

cliffd972
cliffd972

@cantkeepthetruthdown Are you serious?? How is being held in jail for 39 days be justified as them having rights? Read a basic law book before spouting hateful comments. I'm a conservative, by the way, and this incident is an egregious  disrespect of basic civil rights no matter the citizenship...

ChrisYu
ChrisYu

@Montemalone   but they didn't even get near Plano! (I live in Dallas now but still love my old hometown)

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@gmit  

If you make saving your earnings a priority instead of spending your earnings, it is not hard to do.

Look at it this way, if these two gentlemen are indeed in this country illegally, then they most probably do not have access to normal credit lines.  As a result, they saved their money to buy the car.

ScottsMerkin
ScottsMerkin topcommenter

@unclescrappy whether in our country illegally or not, our law enforcement still violated the law with an illegal detention.  Im not thrilled that the illegals broke the law by being here, but I damn sure wouldnt want to be even legally visiting another country and be detained for something that wasnt illegal and be held longer than their laws allow.  SHould the illegals get anything out of this, probably not, ubt law enforcement should just get a slap on the wrist either

therrick
therrick

@unclescrappy You're an idiot. Even illegal aliens have rights here. That is one of the reasons our country is supposed to be better than others.

ozonelarryb
ozonelarryb

@cantkeepthetruthdown @ozonelarryb search it on lycos. Does the idea of a higher justice scare you? For 'can't...' you seem a bit ignorant of the truth. Prob the disd ejamacation driving your command of these ideas.

Justin
Justin

@ozonelarryb it's the Declaration of Independence. It states the reasons the colonies declared their right to be independent from the tyrannical rule of the English crown. It built a foundation for this great nation and for our Constitution. Its a valid observation but just, quoting the wrong document

leftocenter
leftocenter

@cantkeepthetruthdown is a troll...probably paid...pounces on my comments because I highlight my political leanings in my handle...crawl back under that rock with the roaches buckwheat

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@ScottsMerkin@unclescrappy 

I trust you meant to say that "... law enforcement should NOT just get a slap on the wrist ...".


I have noticed that in the past ten years or so since 9/11, law enforcement has gotten bolder and bolder with their attitudes and more aggressive in their actions.


I do not like it either that the two guys arrested are probably illegal aliens.  By acting this way, Hill County is really no different from some 3rd world country or Islamic regime where there is no rule of law.


"Realizing the importance of the case, my men are rounding up twice the usual number of suspects." -- Captain Renault

RTGolden1
RTGolden1 topcommenter

@therrick @unclescrappy illegal aliens have basic human rights here, life, liberty, pursuit of happiness.  I would say these were definitely violated in this case.

I do not think, although I am not a legal scholar, that we can, or should, extend Constitutional rights to illegal aliens.  Their lawyer trying to make the claim that their constitutional rights have been violated does not sit well with me.  Maybe that's just me.

ChrisYu
ChrisYu

@therrick @unclescrappy and that was the mistake the authorities made. rather than detain them they should have seen shipped back right away.

ozonelarryb
ozonelarryb

@cantkeepthetruthdown @ozonelarryb i don't care how u perceive me...  bet the rest of the board got the references.   cheers.  since u didn't recognize the passage, you are not a real American, or even a naturalized citizen - who must read that several times - that makes you an undesirable - but unfortunately probably a registered Texas voter, and probably a contributor to a local school system..  i fear for the realm.

cantkeepthetruthdown
cantkeepthetruthdown

@JohnCargill "Weapon of instant death" using such hyperbole while accusing someone of "hyperactive imagination and inability to think clearly." Maybe you should watch less movies and try learning something.  


And your entire comment basically proves my point. People like yourself think you can pick and choose which rights go to whom.. when it's convenient. 

The 4th through 8th supposedly applies to these two illegal immigrants but the 2nd doesn't apply to me? How does that work? I don't see any liberals arguing for the right to bear arms to be given to illegal immigrants? 

What about the 9th? Who's that one good for? Oh right it's been completely thrown out along with the 10th to allow for the overbearing federal government you so desperately love.

So please tell me which parts of the Constitution apply to illegal immigrants and which don't, which parts apply to me and which don't and how in your infinite paternalist wisdom do you go about determining them. 

RTGolden1
RTGolden1 topcommenter

@JohnCargill How should believing that disqualify one from carrying anything?  Is dissent now a mental illness?  I rarely support CKTTD's points, even when they're supporting my own, but where exactly did he go wrong above?  Our rights are being eroded regardless of who occupies the white house; and we the voters are blindly willing to go along with this erosion of our rights, as long as the erosion occurs in the course of 'protecting' some cause we believe in.

To put your ideals back on your own shoulders: If you seriously believe someone with dissenting opinions should be denied an enumerated Constitutional right, you shouldn't be allowed to talk to yourself, much less to a public forum.

JohnCargill
JohnCargill

@cantkeepthetruthdown Its guys like you who are precisely the reason I cant get behind concealed weapons. Pathologically angry guys with a hyperactive imagination and an appalling inability to think critically aren't the kind of folks I want carrying a hidden weapon of instant death.  If you seriously believe your rights are "continually eroded while being conferred to illegal immigrants" then you shouldn't even be allowed to carry a Nerf bat, much less a gun

cantkeepthetruthdown
cantkeepthetruthdown

@RTGolden1 @therrick @unclescrappy The "people" in the Constitution clearly does not refer to the people of Mexico or Guatemala, except when convenient for a criminal apologist looking to gain more Democrat votes. 

Privacy, arms, freedom of association, government oppression etc.. all rights of the American people continually eroded while being conferred to illegal immigrants. 

JalopenoGrigio
JalopenoGrigio

@RTGolden1 while I'm not sure they're entitled to damages for violations of civil rights, their suit shows that Hillsboro knowingly disregarded civil rights, and for that, the arresting officer and higher-ups are due their just desserts. 

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