Quantum Windbag
Gold Member
- May 9, 2010
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Thank you for making my point for me.
Federal Appeals Court: Driving With Money is a Crime[FONT=Arial, Helvetica, sans-serif]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.[/FONT]
All they need to take your cash is the fact that you have it. Period.
Just in case you think drug dogs are accurate.
Grits for Breakfast: Expert: Drug dogs wrong 48% of the time
You get the same odds flipping a coin.
And what do you think you've proven here? You apparently haven't the slightest idea what due process of the law means. When all procedures follow lawful methods, then the person has received due process of the law. Violation of due process does not mean "I was charged with a crime I didn't commit." Due process means that if you're suspected of a crime, police do not violate your rights when investigating and gathering enough evidence to have probable cause for an arrest. And that when you are charged, you receive a lawful trial with all your rights intact. A violation of due process cannot occur when everything has been lawful. Due process is only violated when lawful procedures break down in favor of violating your rights, etc.
Wrong.
Due process requires that the government prove that you did something wrong before, repeat before, it takes your life, liberty, or property. If we were to take the standard applied in in the example above to its logical conclusion the government would be able to kill you just because you might have been involved in a murder, and would never actually be required to prove anything. Simply following the law is not due process if the law itself violates your rights.
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