Pubdate: Thu, 30 Nov 2000 Source: Omaha World-Herald (NE) Copyright: 2000 Omaha World-Herald Company. Contact: http://www.omaha.com/ Forum: http://chat.omaha.com/ Author: CINDY GONZALEZ MONEY SEIZED AT EPPLEY AIRFIELD WILL BE RETURNED TO IMMIGRANT Five months after law enforcement officials took Hector Herrera's $4,000 at Eppley Airfield - saying it smelled of illegal drugs - federal officials have decided to give it back. U.S. Attorney Tom Monaghan said Wednesday that his office reviewed the case of the 30-year-old Mexican immigrant and has declined to pursue the forfeiture in court. "We looked at the law, the facts and decided not to proceed," he said. He would not elaborate. Officials at the American Civil Liberties Union in Nebraska, which had contended that Herrera was unfairly targeted because of the color of his skin, said they were pleased with the decision yet upset that Herrera's money had been held up for so long. "Clearly we're glad the right thing is being done," said Tim Butz, executive director of the ACLU in Nebraska. "But it goes to show that unless the government's power is held in check by aggressive vigilance on the part of its citizens, we're going to keep losing these battles for civil liberty." Lawyers in Monaghan's office would have had to defend the forfeiture in court if the government were to keep the cash. Monaghan's decision not to proceed means that the money must be returned. The return of Herrera's money, however, does not necessarily end the ACLU's challenge to searches and seizures at Eppley. The airport surveillance is coordinated by the Nebraska State Patrol. Butz said he believes that Herrera, a laborer and restaurant worker, was stopped because of his ethnic background and the "perception that he was a vulnerable target" who would not fight to regain his money. Herrera was never charged with a crime nor did he have illegal drugs on him when law officers took his money June 16 at Eppley. Afterward, State Patrol officials who oversee the drug team defended the action. Herrera was stopped by drug agents after paying cash for a flight to Arizona. When an officer in plain clothes approached him and asked him to be searched, Herrera agreed. A drug-sniffing dog indicated that Herrera's money was tainted with drug residue. The money was confiscated; Herrera was let go. Studies have shown that most of the currency in circulation is tainted with drug residue. - --- MAP posted-by: Keith Brilhart