NEWS
Another silly law overturned
(AP) – January 11, 2007 - Western Union Co., the largest U.S. money-transfer company, won a court ruling that bars Arizona from seizing funds sent by customers in other states to Mexico as part of a probe into drug and immigrant smuggling.
Arizona Attorney General Terry Goddard obtained a warrant in September to put a hold on money transfers of US$500 or more sent to and from 28 states to 26 locations in the northern border state of Sonora until he could determine whether the funds were tied to criminal activity. The Superior Court in Maricopa County on Tuesday prohibited the seizures because Arizona lacked authority over transactions from other states or probable cause to suspect wrongdoing.
Western Union sued in federal court in Phoenix on Sept. 19 to obtain a stay, a day after being notified of Goddard´s warrant. It argued the program was unconstitutional and threatened its relationship with customers.
Western Union said the seizures and questioning - which sometimes included fingerprinting according to the company - hurt business because immigrant customers feared the records might be used to track down and deport them.
In his order quashing the warrant, Judge Kenneth L. Fields found the state "lacked probable cause" and failed to show that Western Union customers had committed or were involved in crimes committed in Arizona.
Arizona violated constitutional guarantees of due process and clauses that prohibit states from regulating interstate and foreign commerce, the ruling said.
In a second legal challenge, three Western Union customers sued Arizona, arguing the seizures were unconstitutional and targeted innocent people sending money home to help family and make car payments.
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