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Can Georgia police keep confiscating cash?

Tuesday, Sept. 24, 2013 10:03 AM
Last updated 6:20 PM
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ATLANTA — A sheriff’s deputy pulled over Jeffrey Mordica because his car windows were tinted too dark and wound up confiscating $63,000 in cash without ever charging him with a crime or even investigating one.



This week, Mordica’s attorney asked the state Supreme Court for the money back in a case likely to fuel a debate in the General Assembly between the state’s sheriffs and its conservative lawmakers.

Mordica told officers in Lamar County near Macon that he was carrying the cash to Atlanta to buy a restaurant he had heard about. He said he owned three Tallahassee, Fla., businesses that generated a lot of cash.

The officer who pulled him over testified in an earlier hearing that Mordica appeared nervous, even after being told he would only get a warning for the window tinting. Plus, the car smelled of air freshener, and he was on Interstate 75, a known route for drug dealers.

Mordica refused to allow his car voluntarily searched, so the deputy had the drug-sniffing dog in the back of his patrol car to walk around it. The officer didn’t need permission once the dog signaled the smell of illegal drugs.

No drugs were found, only the cash and three cellphones.

The justices essentially wound up debating one another as they were questioning Mordica’s attorney and Lamar County’s prosecutor.

“Your client’s defense is ‘I had no idea this money could be related to drugs.’ Why isn’t it relevant to show he had (prior drug convictions to demonstrate that he had) opportunity and the knowledge to disprove his claim of a mistake?” asked Justice David Nahmias.

Justice Robert Benham said, “It’s not unusual for motorists to be nervous when they are pulled over by a police officer.”

Later, Benham said that having cash in hand when negotiating a purchase often results in a discount.

Justice Carol Hunstein picked up on the detail that Mordica had testified that he had changed his life and become a law-abiding citizen after serving his most recent, 12-year sentence for drugs in Florida but that he had not paid any taxes since his release 18 months before the traffic stop.

“It’s hard to make a lot of money to pay taxes on when you just got out of prison,” she said.

That’s when Assistant District Attorney Scott Johnson said Mordica owes tax on the confiscated money.

The justices have four months to decide the case, which will have it coming at the start of the next session of the General Assembly. Legislators put off voting on a change to weaken the state forfeiture law in the last session when nearly every county sheriff spent the day of the scheduled vote sitting in the House of Representatives gallery making their opposition obvious.

Those wanting to change the law say sheriffs too dependent on the confiscated cash often cut corners that violate motorists’ rights. The sheriffs say they follow the rules and that the money is needed for bulletproof vests and other necessities that tight county budgets don’t cover.

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GiantsAllDay
10485
Points
GiantsAllDay 09/24/13 - 09:46 am
13
3
Two points to make here:1)

Two points to make here:
1) drug sniffing dogs are the biggest scam ever. A police dog lives with his handler 24/7 and the handler means the entire world to the dog. The dog will please his handler at any cost. Many times the dogs actually do detect drugs, other times whether or not the dog sniffs drugs is entirely up to the officer. I totally and 100% support the use of a police dog to find a missing person (dead or alive) and to chase a bad guy. These are appropriate uses for such noble animals.
2). When we talk about the war on drugs, we fail to mention that the police are as big of addicts as the drug users. The police are ADDICTED to the large amounts of cash and property that is seized as a result of these illegal searches. The money is used by the various LE agencies. It's goes to buy thier shiny new toys and fund thier departments--that's right the war on drugs is used to FUND THE WAR ON DRUGS. As long as the police have thier addiction to the cash that they seize from people (with no reason at all) the abject failure of the war on drugs will continue. It can be easily seen that the police and drug users are both addicts--just different kinds of addicts. Break the addiction of both and maybe we can begin to solve the real drug problem in this country.

Fiat_Lux
16422
Points
Fiat_Lux 09/24/13 - 10:02 am
17
0
If there is no crime

then exactly how is this the po-po's money?

Does that mean if they pull someone over for speeding and see money in the wallet as the speeder pulls out his license, then that money is fair game for confiscation? After all, a crime has been committed.

The financial straits of a poor county is not a justification for theft by LEO. And the U.S. Interstate system is not a barrel of fish for them either.

palmetto1008
9782
Points
palmetto1008 09/24/13 - 10:41 am
7
3
This scam has been going on
Unpublished

This scam has been going on for a long time. All over.

djkillaran
89
Points
djkillaran 09/24/13 - 11:32 am
11
2
Dirty money, dirty cops!

My point is, no drugs was found and the only thing wrong was a window tint violation, then how can they justify keeping the money if they don't have a warrant. Even if he is a drug dealer or not the intent of the officer stopping him was a window tint. He wasn't under arrest was he? They can't confiscate anything unless he was under arrest. It’s a violation of rights plain and simple. It’s the LAW!! So the next time you get pulled over by GA's finest you may as well hand over your wallet and cash to the officer and say "can you call 911. I'm being robbed"

myfather15
56765
Points
myfather15 09/24/13 - 11:47 am
4
10
"The police are ADDICTED to

"The police are ADDICTED to the large amounts of cash and property that is seized as a result of these illegal searches. The money is used by the various LE agencies. It's goes to buy thier shiny new toys and fund thier departments--that's right the war on drugs is used to FUND THE WAR ON DRUGS."

Of course!!! The evil police should NEVER look FURTHER than the minor infraction the person is stopped for!! We should simply allow these drug dealers to pass right on through, because it's MUCH more evil for the police to USE this money for equipment for their officers to protect citizens; than for the drug dealers to keep their profit!! Which profit was earned by the drug dealers HELPING society and helping people get past their mental issues like depression. Man, those drug dealers sure are nice guys!!

Naaaa, they shouldn't be required to have a license, such as pharmacists have, to prescribe narcotics. Nope, street drug dealers are helping those poor people on the streets who can't afford to pay the high costs of legitimate pharmacies. We should give these guy's a medal for their humanitarian efforts. Maybe even a peace prize or something. We certainly SHOULDN'T be taking their hard earned money from them.

myfather15
56765
Points
myfather15 09/24/13 - 11:57 am
4
9
Once again, someone is clueless to what they're talking about!!

"As long as the police have thier addiction to the cash that they seize from people (with no reason at all) the abject failure of the war on drugs will continue."

There are numerous State and Federal regulations which establish WHEN and HOW MUCH cash you can take from someone. So the "with no reason at all" is a blatant, flat out lie!!

If your cash is seized, you have to provide PROOF as to where you got it; that's it!! So if you own three businesses; maybe you should keep up your records a little better!! This guy is LYING through his teeth!! If you can provide specific proof; then you get your money back; but most can not!! It appears this is one of those cases where he can't CLEARLY show where he got it, just that he owns businesses that deal in lots of cash. But he also hasn't paid TAXES on this cash!! This man is a LIAR!!! Anyone with half a brain can see it!! Otherwise, USE A BANK!!

"He said he owned three Tallahassee businesses that generated a lot of cash."

My guess is car wash businesses; which is the most popular for drug dealers because it is a lot of CASH, hand to hand transactions. Plus, you can fudge the numbers on exactly how many vehicle's you've washed any given day. That's why the car wash business is one of the favorites of drug dealers.

myfather15
56765
Points
myfather15 09/24/13 - 12:09 pm
4
8
There are too many

There are too many regulations to cover on this thread when it comes to seizing money, so I'm not getting into the specifics.

But, it has to be OVER a certain amount of money, before we can take it. That number is a LARGE number, that you will NOT find the vast majority of citizens EVER carry!! Then, there must be MORE; such as the odor of narcotics, detected by the K-9, LONG criminal history of drug offenses, etc. When someone is a REGULAR drug dealer, the money they deal in is usually around illegal narcotics a LOT!!

You may not believe it, but it can EASILY be proven and YOU could do it. Take money that's been around drugs; you walk into a building and get three similar paper bags. Place the money into one of those bags and fold it up, folding the OTHER bags identical!! The bags should look EXACTLY alike in color, fold and EVERYTHING. Two bags are empty and one has the money in it. Now, the K-9 handler or the ARRESTING OFFICER are NOT the ones to place the money in the bag.

Then you take the bags outside and place them equal distances apart; then allow the K-9 to do an "Open air sniff" of all three bags!! Now, unless you believe the dog or handler can see through brown paper bags, you might then understand. Because the dog WILL go to the bag with money that has been around drugs EVERY TIME!!

Now, I know people on this thread are smarter than Superior Court judges and Supreme Court judges, but I don't think they care how smart you are!! This method has been PROVEN over and over again. You can claim dog's will hit on ANYTHING the handler tells him to, but when the handler has no idea which bag the money is in; there isn't much you can say!! EVERY Court has reaffirmed the K-9 nose, STANDS in Court!!

But, just keep on spouting from a lack of knowledge!!

nocnoc
49130
Points
nocnoc 09/24/13 - 12:14 pm
10
0
In no defense of either party here, BUT...

1.) I feel if the $$$$ confiscated without and arrest and conviction then it MUST BE returned.

2.) As far as drug sniffing dogs, lets say "some" dogs can be cued to alert on request.

Regarding #1 - Due process of the law must be afforded any person.
Otherwise it will become open season on Citizens around Payday and Friday and Saturday nights. Why write tickets when a LEO can collect "Drug revenues", just by saying, it is DRUG $$$$. Such a temptation will surely be abused by the less than 1 percent less ethical LEO's and/or Small Sheriff Offices in need of $$$$.

Regarding #2 - Its been proven repeatedly on TV NEWS, 20/20, 60 Mins, in courts and etc. that a very large amount of previously used USA currency is drug coated, tainted if you well, with drug residue, chem's and/or odors. Example: A Louisiana Sheriff notorious for stopping out of state vehicles and claiming ANY 100's or 20's found on the person was drug money, well he lost a lot of cases when a reporter tested 3 of his 20's POSITIVE. It was either admit he was pocketing the $$$, using drugs and/or accept the fact the most money already in circulation is tainted.

So, whether he was Guilty or Innocent.
Carrying $60,000+ in cash and the likelihood parts of the $$$
were drug tainted, likely could have set the sniffer off to alert.

One thing for sure, The TAX Man cometh, based on a few statements regarding taxes.

dichotomy
37448
Points
dichotomy 09/24/13 - 02:57 pm
8
1
I feel STRONGLY that if they

I feel STRONGLY that if they do not find saleable quantities of drugs, along with the cash, or other definitive proof that the money was earn through illegal drug sales...THE MONEY MUST BE RETURNED.

Several parishes in Louisiana got so bad about confiscating cash and seizing vehicles WITH NO PROOF OF ANY CRIME that the entire RV community started a movement to avoid driving through Louisiana during their travels. It got enough publicity that the Louisiana State Attorney General and the Governor addressed the issue publicly on their web sites and vowed to put an end to the unjustified seizures.
They were especially picking on Mexican immigrants who were on the way back to Mexico after the harvest season with significant amounts of cash. Of course, nobody made too much noise about that but then they made the mistake of picking on some RVers who kept traveling cash on them. If you had $1000 or so on you THEY TOOK IT. If you made a stink, the seized your vehicle too and locked you up overnight but then turned you loose the next day with no charges....but also with no money and no vehicle.

If the cops want to take money and vehicles they MUST BE FORCED TO PRODUCE EVIDENCE THAT THE MONEY WAS MADE ILLEGALLY.

Fiat_Lux
16422
Points
Fiat_Lux 09/24/13 - 03:03 pm
6
0
It's my understanding that all paper money in the U.S.

has cocaine on it. So of course a K-9 sniffer dog would pick out a bag of money every time.

The residue on folding money should not be enough to charge someone with possession, however, unless some of the drug is found that can be seen by a human being's eyes in addition to a dog's nose.

And simply because someone is carrying around a large sum of money, it doesn't automatically follow that he is doing something illegal and therefore should be forced to hand it over to the cops if they happen to notice it. That's called robbery and you simply can't get around it, even if some jerk of a legal eagle wants to change the definition so he and his pals can get their hands on it.

Someone who is making a deposit from certain kinds of perfectly legal concessions can have thousands of dollars on hand, as can someone headed to a foreclosure sale.

Money confiscated from drug dealers, etc, should go back to the taxpayers and not to the government in any of its incarnations. Those already suck down our livelihood like black holes as it is.

myfather15
56765
Points
myfather15 09/24/13 - 03:28 pm
4
8
Ok, let's make something

Ok, let's make something clear; what happened in LA. is not going to happen here. Why? Because in Georgia, especially in this judicial circuit, they will NOT even think about seizing currency (without PWID charges) unless the cash is OVER 10k. That is also the federal standards as well. Normal citizens DO NOT usually carry around $10,000.00 or more; it's the simply facts.

So if CASH is found and nothing else; they will not even attempt to seize it unless it's over 10k. Second, even if it's over 10k, there is still a process. You will be given a property receipt AT THE SCENE, with the amount on it and YOU must agree to the amount on the property receipt; so the money is accounted for and is NOT going in some deputy's pocket. After receiving the property receipt; you can bring proof to the Sheriff's Office and if it's undeniable proof, the money is returned then and there. If it's very questionable, which THIS case sounds like it is; then you have to fight it in civil courts; which usually eliminates a lot of drug dealers, because they KNOW they can't prove where the currency came from. PLUS, they have to show they've paid TAXES on said currency, which they can't prove either. So MOST don't try because they don't run 3 businesses as fronts for their drug dealing operation.

Then, even after we've taken the currency; a backgroud check MUST be done!! A person with ZERO history of possession with intent to distribute narcotics; usually will get their currency back. A person with a long history, not so much!! Also, as I said earlier; a K-9 "Open air sniff" will be done on the currency. See, when ANYTHING is around large quanities of narcotics; the odor or those narcotics SATURATES into the item; especially clothing, upholstry and YES, currency!! It's almost impossible to get the odor out for many days.

So, as I stated; someone who is NOT the arresting officer or K-9 handler, will get 3 identical looking brown paper bags. The currency will ONLY be place in ONE of them. Each bag is sealed identical and placed and equal distance apart in OPEN AIR, outside. The K-9 and handler are NO WHERE near when the currency is placed in the bag. The handler and dog have NO IDEA which bag the currency is in!! Then the K-9 does an "open air sniff" around the bags. If the currency has been around illegal narcotics; he will alert to the bag, every time!! I've seen this done and participated in this MANY times.

Most of the time these guy's caught with large sums of cash are unemployed, even on some type of government assistance program. So do you believe it's reasonable for them to be carrying $50,000.00 cash money on them? Most of them are caught in multiple LIES about where they are going and what their intent is, when they get there. With multiple people in the vehicles, their stories are usually different as well.

Bottom line is; there are MULTIPLE criteria's that MUST be met before money is actually condemned!! It's not just simply finding someone with currency and it's automatically condemned and never returned.

I for one, LOVE seeing these drug dealers losing their money!! I work HARD for what I have and that isn't much!! But what I have, I've earned HONESTLY and without harming others lives. I don't financially benefit from the demise of other human beings. I realize people are concerned about THEIR rights being violated and that is a legitimate concern. But I assure you, you will never have this problem. It just takes a little common sense to understand and realize when something isn't right with someone carrying a very large amount of currency!!

myfather15
56765
Points
myfather15 09/24/13 - 03:38 pm
3
9
Fiat

You and I very rarely ever disagree on anything, but I've got to disagree on this. Regular law abiding citizens money is NOT being taken; I can assure you of that with ALL my honesty and integrity!!

Yes, someone's money COULD be taken that is not a drug dealer but they WILL get it back when they show proof of where it came from. Now, I also understand people that would say "They didn't commit a crime, why should they have to prove where THEIR money came from." This is no different than the IRS saying you have to prove your income; EXCEPT in my opinion, this is MUCH Better, because the bad guy's LOSE and the real good guys win!! If you can prove you've got income that would substantiate having this type money, it will come back to you, every dime. If you can't prove it, then it wasn't yours to begin with.

Let's say you work at Waffle House as a short order cook and that is your ONLY income; then you buy a house in Westlake!! I promise you, you've got a visit from the IRS coming, very soon!! If you can't PROVE how you make those payments; and why you aren't paying TAXES on that income; you might be in trouble. The old saying "If you have nothing to hide, you've got nothing to worry about." When you do things the RIGHT, legal way; you will be just fine. Maybe a little inconvenience, but nothing more.

myfather15
56765
Points
myfather15 09/24/13 - 03:42 pm
3
7
Fiat

Also, just because one or two twenties have been around illegal narcotics, doesn't mean it's going to alert the K-9. But a bundle of currency being around a large amount of narcotics for a length of time, will cause it alert the K-9.

It's simple physics actually; the more article, the more the odor soaks in. Such as clothing and upholstry of the vehicle. The more clothing a person wears, the more odor gets into it. So the more currency involved, the more odor will be on it.

billcass
1045
Points
billcass 09/24/13 - 03:43 pm
13
1
When they prove they are not a drug dealer?

Is that now the standard? The citizen has to prove their innocence? Respectfully, we are getting close to a police state at that point.

Davidl3940
128
Points
Davidl3940 09/24/13 - 03:58 pm
10
1
Money Must be Returned

If there was no saleable quantities of drugs found found with the cash, or other definitive proof that the money was earn through illegal drug sales...THE MONEY MUST BE RETURNED!!! People are free and money cannot be taken (I think that's called stealing) until they are found gulity!!!

GnipGnop
12744
Points
GnipGnop 09/24/13 - 05:07 pm
12
0
I have a question....

Why do I have to prove anything if I am riding around with a million dollars in cash? This is to much government. The Bill of Rights prohibits unreasonable searches and seizures, it's no police officers business where my cash came from if no other crime has been committed. This is what our forefathers were worried about! My grandparents never had a bank account and had butter bowls full of cash hidden in their cars and homes. When my grandfather passed away we found money that had been hidden for so long it was actually falling apart. This country is slowly but surely forcing me into a Libertarian point of view....

SRD
472
Points
SRD 09/24/13 - 05:29 pm
7
1
Make the Drugs Legal

If we just made drugs legal, there would be no conversation other than be responsible for yourself and teach your children well. The war on drugs and drug dealers would cease period. Alot of the illegal drug dealers would go back to Mexico and South America along with their killing and brutality. This would solve so many issues! As far as the cash goes, the police state is out of control and as long as people continue to elect these socialists/fascists who are running things it will get much worse.

thauch12
7075
Points
thauch12 09/24/13 - 07:57 pm
12
1
Guess what myfather...you and

Guess what myfather...you and your colleagues aren't the IRS! If I want to drive around with $1,000,000 in cash, it's none of your business (as a cop) as to why I'm doing so. There is nothing illegal about carrying a large amount of cash and it goes against every tenet of personal freedom that I should have to justify doing so...especially to a traffic cop of all people.

Of course there's the straw man argument about law enforcement's grand "war on drugs" but that is really beside the point. To echo Ben Franklin, those who sacrifice liberty for "security" (because the war on drugs is working and making us safer....right) deserve neither.

palmetto1008
9782
Points
palmetto1008 09/24/13 - 08:17 pm
8
0
apparently, this is an issue
Unpublished

apparently, this is an issue on which both liberals and conservatives can have have a meeting of the minds.....it's a start!

dwb619
104151
Points
dwb619 09/24/13 - 09:41 pm
9
0
cash

When I win the lottery, I am going to keep a "knot' on me so big, I'll have to start wearing "Junior Samples" designer bibs!

ColdBeerBoiledPeanuts
11036
Points
ColdBeerBoiledPeanuts 09/25/13 - 06:06 am
2
3
Wow

The comments on here from the people who are not knowledgable about the drug trade in the US are amazing.. I 75, I 95 and I 20 are the major drug transport routes in the US. Normally LEO like to catch the people who are doing the transporting with the drugs on them.. Failing that they try to catch them on their way back with the payoff on them. If the "kingpin" so to speak, doesn't get his payoff then it limits the amount of drugs he can bring in for the next shipment. The giveaway in these transports is that it's usually someone who has little or no income, possible on Welfare and EBT and driving a very nice vehicle. What most of you seem to have not gleaned from this story is that this person had just been released from prison about a year earlier after serving 8 years for dealing drugs. You don't get an 8 year sentence for 1 pill or 1 marijuana cigarette!! I can drive you around and show you 10 people within an hour, standing on corners, with over $1000.00 in their pockets who have no jobs, no source of income and who have quick conversations through car windows.

Humble Angela
41338
Points
Humble Angela 09/25/13 - 06:18 am
3
3
Sure hope my employer never
Unpublished

Sure hope my employer never pays me with money that was previously used by drug dealers. Based on the comments made here, one sniff by a K9 could land me in jail......until I prove my innocence.

soapy_725
44111
Points
soapy_725 09/25/13 - 06:23 am
0
0
Any "war" waged by the STATE results in loss of freedom.
Unpublished

War on Poverty. War on Waste. War on Clean Air. War on Warming.

soapy_725
44111
Points
soapy_725 09/25/13 - 06:24 am
0
0
The STATE knows best. Ask Obama. Ask Hillary. Ask Rahm.
Unpublished

The STATE knows best. Ask Obama. Ask Hillary. Ask Rahm.

Riverman1
93646
Points
Riverman1 09/25/13 - 06:40 am
7
1
No Cash, Three Chickens for a Haircut

It’s pretty obvious this guy is a crook and probably a drug dealer, but the problem is the principle of the confiscation. (I'm all for decriminalizing drugs, too, but that's another story.)

The TV show about the Miami airport showed a German physician and his wife being stopped because the dog smelled cash money, believe that or not. It was about $40,000 they intended to spend on their month long vacation in Florida. They were searched and interrogated for a good while. It turns out they had done nothing wrong.

Should we be concerned about whether they paid taxes in Germany or any other place on the cash? Not in my opinion. If we are at the place in this country where having cash is a crime then maybe we should go to a bartering system where I give you three chickens for a haircut.

Riverman1
93646
Points
Riverman1 09/25/13 - 06:41 am
5
0
Floyd Mayweather

Boxer Floyd Mayweather has his bodyguard carry a hundred thousand in cash around wherever he goes just for show. He often has him dump it out to shock everyone. It's kind of stupid, but if he wants to be stupid, it's his money.

Bodhisattva
7203
Points
Bodhisattva 09/25/13 - 06:59 am
6
0
I'm in strange company here

I'm in strange company here but, IF YOU"RE NOT GUILTY OF A CRIME IT"S NOT THE COP'S FREAKIN' MONEY!!!!!!!!! It's none of the cops business how much money you carry around either. We go a lot of thrift stores on our vacations and we carry a lot of cash (and a S&W 9mm-don't get any ideas). Guess that means I'm a drug dealer. Since I have a dog that not trained worth squat but I can have him "Go get his buddy" and he grabs his newest stuffed animal we bring him, I have no doubt that these K-9 unit dogs will react to all kinds of silent commands the handler gives them. It's bullcr** (are we allowed to use the real word or will it get pulled?). Hey, it's not our fault they want to take every police department from friendly Mr. Policeman who helps his fellow citizens and kids can look up to like when we were growing up and change it into a paramilitary organization in full body armor even if it's in a small town that hasn't had a major crime in 50 years. Its' money, money, money. Legalized theft. If there is no obvious evidence of a crime, there is no reason for search or seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I guess that's supposed to still apply. We Lefties tried to bring it up around the time of the Patriot Act but were called all kinds of names. Lamar County. 2008 McCain 63.2% of the vote. 2012 Romney 64.5% of the vote. Lesson: Don't get stopped in the reddist areas of the red states. There the Constitution doesn't apply.

Riverman1
93646
Points
Riverman1 09/25/13 - 07:27 am
6
0
K-9 Alerting

The whole idea a K-9 alerting is objective, legal evidence is suspect.

nocnoc
49130
Points
nocnoc 09/25/13 - 07:51 am
4
0
We need to close down

Interstate highways, if they are being used for Illegal drug transportation.
and everyone using the Interstate system is suspected as Illegal drug carriers.

WELL,
That is the bame logic being used for GUN CONTROL.

Humble Angela
41338
Points
Humble Angela 09/25/13 - 08:09 am
3
1
True nocnoc....if you ban and
Unpublished

True nocnoc....if you ban and dismantle all highways, then they can no longer be used to traffic drugs. To heck with the millions of law abiding people that use them.

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