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Federal Appeals Court: Driving With Money is a Crime
The Newspaper ^ | Staff

Posted on 08/20/2006 8:57:44 PM PDT by FreedomCalls

Eighth Circuit Appeals Court ruling says police may seize cash from motorists even in the absence of any evidence that a crime has been committed.

A federal appeals court ruled yesterday that if a motorist is carrying large sums of money, it is automatically subject to confiscation. In the case entitled, "United States of America v. $124,700 in U.S. Currency," the U.S. Court of Appeals for the Eighth Circuit took that amount of cash away from Emiliano Gomez Gonzolez, a man with a "lack of significant criminal history" neither accused nor convicted of any crime.

On May 28, 2003, a Nebraska state trooper signaled Gonzolez to pull over his rented Ford Taurus on Interstate 80. The trooper intended to issue a speeding ticket, but noticed the Gonzolez's name was not on the rental contract. The trooper then proceeded to question Gonzolez -- who did not speak English well -- and search the car. The trooper found a cooler containing $124,700 in cash, which he confiscated. A trained drug sniffing dog barked at the rental car and the cash. For the police, this was all the evidence needed to establish a drug crime that allows the force to keep the seized money.

Associates of Gonzolez testified in court that they had pooled their life savings to purchase a refrigerated truck to start a produce business. Gonzolez flew on a one-way ticket to Chicago to buy a truck, but it had sold by the time he had arrived. Without a credit card of his own, he had a third-party rent one for him. Gonzolez hid the money in a cooler to keep it from being noticed and stolen. He was scared when the troopers began questioning him about it. There was no evidence disputing Gonzolez's story.

Yesterday the Eighth Circuit summarily dismissed Gonzolez's story. It overturned a lower court ruling that had found no evidence of drug activity, stating, "We respectfully disagree and reach a different conclusion... Possession of a large sum of cash is 'strong evidence' of a connection to drug activity."

Judge Donald Lay found the majority's reasoning faulty and issued a strong dissent.

"Notwithstanding the fact that claimants seemingly suspicious activities were reasoned away with plausible, and thus presumptively trustworthy, explanations which the government failed to contradict or rebut, I note that no drugs, drug paraphernalia, or drug records were recovered in connection with the seized money," Judge Lay wrote. "There is no evidence claimants were ever convicted of any drug-related crime, nor is there any indication the manner in which the currency was bundled was indicative of drug use or distribution."

"Finally, the mere fact that the canine alerted officers to the presence of drug residue in a rental car, no doubt driven by dozens, perhaps scores, of patrons during the course of a given year, coupled with the fact that the alert came from the same location where the currency was discovered, does little to connect the money to a controlled substance offense," Judge Lay Concluded.

The full text of the ruling is available in a 36k PDF file at the source link below.

Source: US v. $124,700 (US Court of Appeals, Eighth Circuit, 8/19/2006)


TOPICS: Crime/Corruption; Front Page News; Government
KEYWORDS: atf; batf; clinton; confiscation; dea; disorderinthecourt; donutwatch; driving; drugs; english; govwatch; illegalimmigration; janetreno; judiciary; libertarians; nebraska; rapeofliberty; scotus; searchandseizure; warondrugs; wod; wodlist
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To: Lurking Libertarian
He appointed the judge who wrote this ruling. His father appointed the other judge who voted for it. (The dissenting judge was appointed by LBJ.)

Isn't it neat the way the Democrats and Republicans have divvied up the Bill of Rights? Too bad it's almost impossible to find honest Democrats who respect the Second Amendment, and hard to find honest Republicans who respect the Fourth and Fifth.

241 posted on 08/21/2006 6:07:47 PM PDT by supercat (Sony delenda est.)
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To: dsc
What ever happened to Sheriff Andy Taylor?

Andy was a Peace Officer. They kept the peace.

Now, we have Law Enforcement Officers. They enforce the law.

There is a huge difference. I miss Peace Officers.

242 posted on 08/21/2006 6:09:48 PM PDT by elkfersupper
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To: antceecee
I would like to know since when it became illegal to deal in cash?

Ever since the Bank Secrecy Act and the Patriot Act, which many of your fellow FReepers applauded.

It's all part of the "War on Terror" (terror being a tactic and not a named enemy).

These were "emergency" measures asked for and passed during the G.W. Bush administration.

Combating Money Laundering and Terrorist Financing: Bank Secrecy Act (BSA) and USA PATRIOT Act Regulations (Office of Comptroller of the Currency)

243 posted on 08/21/2006 6:21:44 PM PDT by elkfersupper
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To: dsc

dsc: George III looks better every day. We seem to have traded one tyrant 3000 miles away for 3000 tyrants one mile away.

EE: You can't lay this at Bush's feet, it was going on long before he came on the scene.

dsc: I didn't say anything about it being Bush's fault.

Then explain your remark.


244 posted on 08/21/2006 7:27:52 PM PDT by Eagle Eye (There ought to be a law against excess legislation.)
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To: Tancred
I'm sure that any of us here at Free Republic could, if we were facing the possible loss of $125 grand, be able to I'm sure that any of us here at Free Republic could, if we were facing the possible loss of $125 grand, be able to satisfactorily demonstrate that we came by that money honestly. that we came by that money honestly.

Umm hi Tancred Did you read the story? no we cant! nobody that has 124k in cash can satisfactorily demonstrate that we came by the money honestly. the court just ruled that if we have that much we ARE DRUG DEALERS period and the cops(read that as fascist p**ks) cans take our mnoney and not even arrest us so your premise is wrong we are now officially a soviet police state plane and simple

245 posted on 08/21/2006 7:31:04 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: elkfersupper
Andy was a Peace Officer. They kept the peace.

Now, we have Law Enforcement Officers. They enforce the law.

The only way I can see to prevent this country from decaying into anarchy is to reinstate the distinction between peace officers and rev'nooers.

246 posted on 08/21/2006 7:31:38 PM PDT by supercat (Sony delenda est.)
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To: Eagle Eye
Then explain your remark.

The 3000-mile away "George III" he was referring to was King George III of England who was our Monarch up until 1776. Nothing to do with Bush. Remember the part of the Declaration of Independence that went: "He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance."

247 posted on 08/21/2006 7:41:33 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: Trajan88
The next thing on the list: "Having Money in a 401(k)/Roth IRA is a Crime."

Having money is a crime. Taxes are based on your ability to pay.

248 posted on 08/21/2006 7:43:58 PM PDT by staytrue
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To: Eagle Eye

"Then explain your remark."

George III was the King of England that George Washington and the rest of the Founding Fathers rebelled against.


249 posted on 08/21/2006 8:29:35 PM PDT by dsc
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To: Myrddin

BS. the wire transfer since it would have been more than 10,000 would have alerted the gov. The government has no right to take the money if they do not charge you with a crime and than if you are found innocent then the money should be returned with interest. It's a free country and if you want to have 100,000 in your cooler you should not have it taken away from you on a lark.


250 posted on 08/21/2006 10:23:44 PM PDT by unseen
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To: Tancred
Excuse me when did the "proven guilty beyond a reasonable doubt" become "smells fishy lets take all the money and lock him away" There is no evidence, there are many people telling the same story yet this is not good enough now?

Like it or not this country is based on the premise that you are innocent until the government proves beyond a reasonable doubt that you are guilty. The government failed to do this and so the money must be returned with interest.
251 posted on 08/21/2006 10:29:50 PM PDT by unseen
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To: unseen
If the individual referenced in the main article of this thread had left his money in the bank, the officers who searched his vehicle would not have found his money. If he had used a wire transfer to move his money from his bank to the business selling the tractor, it certainly would have been flagged. It is unlikely that a followup check on the transaction would have prompted a confiscation.

It's really not a free country anymore. That are thousands of laws on the books. Most of inadvertantly violate some of them everyday. If you choose to get into a pissing match with a law enforcement officer, you can be sure you will learn the hard way about all manner of trivial infractions.

252 posted on 08/21/2006 10:55:45 PM PDT by Myrddin
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To: unseen
Excuse me when did the "proven guilty beyond a reasonable doubt" become "smells fishy lets take all the money and lock him away"

Actually, it's "Hey, look at all this money. Cool. Sure is "suspicious", how useful it would be to our department, isn't it?

Some people think Mr. Gonzolez was a drug dealer, thief, or somesuch. Maybe. Perhaps Mr. Gonzoles was a thief. But the crooks who stole his money CERTAINLY were.

253 posted on 08/21/2006 11:47:28 PM PDT by supercat (Sony delenda est.)
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To: UnbelievingScumOnTheOtherSide
Thanks to the multiplicity of law-enforcement agencies and the plethora of overpaid, under-worked law-enforcement officials - local, state and federal, whose best interests are tied to the courts and status quo, and not the Constitution or best interests of the public as a whole, your estimate of success is probably overly optimistic.

We have permitted a noose to be placed about our necks by a government whose designs were ostensibly benign.

Additionally, you would need the support of an interested public.

Based on recent polls indicating more Americans can name the Seven Dwarfs, the Three Stooges, etc, than can name Supreme Court Justices, etc., I doubt if there is enough public interest in government to generate any kind of popular support.

Sad isn't it?

I guess this is the way Democracies degenerate into bureaucratic oligarchic autocracies. America - it was a great experiment in Republican Democracy. Unfortunately the successors of the Founding Fathers were not equal to their predecessors.
254 posted on 08/22/2006 6:46:09 AM PDT by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: FreedomCalls

Time to scrap the war on drugs and use it as tax revenue. I really don't have problems with people killing themselves.


255 posted on 08/22/2006 7:54:23 AM PDT by zendari
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To: Mind-numbed Robot

Also the pressure to put cash in the banks for these reasons, benefits the banks; when you deposit money, it becomes a liability to the bank, a limited liability; if the bank fails, you have to wait in line while the bankrupcy process works, and all the creditors are paid, you being one. You may get your money or may not. You lose control over it when it is in the banks that you had when you held the cash. Most banks don't go under and are safe. But who knows? In 2002 the Argentines found out just how safe their money was not-in their banks.


256 posted on 08/22/2006 8:07:47 AM PDT by Jason_b
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To: zendari
Time to scrap the war on drugs and use it as tax revenue. I really don't have problems with people killing themselves.

The same with all the "vices." Why create crooks and make them wealthy? The vice lords, especially the big drug dealers, can now affect world politics and our freedom with their dough.

257 posted on 08/22/2006 9:14:11 AM PDT by Mind-numbed Robot (Not all that needs to be done, needs to be done by the government.)
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To: Jason_b

The US is a bit different than argentina for many reasons.

I wouldn't worry about bank solvency, but then again you're right; the banking industry does want the cash to make more cash.


258 posted on 08/22/2006 9:27:26 AM PDT by zendari
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To: Myrddin
It's really not a free country anymore

And why is that? The Constitution did not change. The only reason it is not a free country anymore to you is because you will not stand up and protect your rights. Sure it is easier and smoother to use a bank but that's not the point. The point is the government failed to prove guilt beyond a reasonable doubt. I respect law enforcement they are only doing their job. It is the politicians that I loath. However, it is still a free country and will be as long as people are willing to go toe to toe over stupid laws and rulings like this.
259 posted on 08/22/2006 2:14:51 PM PDT by unseen
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To: supercat

Some people think

thinking something does not make it true. Prove he is a drug dealer than by all means take the money. If not than give it back plus interest.


260 posted on 08/22/2006 2:16:51 PM PDT by unseen
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