Federal Appeals Court: Driving With Money is a Crime
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."
http://newsgroups.derkeiler.com/Archive/Rec/rec.autos.driving/2006-08/msg01550.html