I am profoundly disturbed by the entire concept of asset forfeiture laws. As far as I'm concerned, asset forfeiture violates the letter and spirit of the fourth, fifth, sixth, seventh and eighth amendments to the US Constitution. How these laws have survived scrutiny by the US Supreme Court is something I will never understand. You can read all about asset forfeiture laws at the Mackinac Center for Public Policy.
I will just state what happened to Emiliano Gonzolez, flew to Chicago with $124,700 in cash, to purchase a delivery truck for his produce business. Unfortunately, the truck was sold to someone else before he arrived. When it was pointed out to him that flying with that much cash was a bad idea, he decided to drive home in a rental car.
While driving through Nebraska, Gonzolez was pulled over for speeding. The police found the money in a cooler sitting on the rear floorboard. The state troopers called for a K-9 unit and had a drug sniffer dog go over the car. The dog immediately began barking at the money.
Quick Fact:80% of all United States currency is coated with a very small amount of cocaine. This is not an urben legend Really!! It has been proven in countless tests. If a drug sniffer dog fails to smell cocaine on 1,200 $100 bills packed into a cooler, take that dog to the vet; something is wrong.
Using the barking dog as (evidence), the Nebraska State Police declared that Gonzolez was a drug trafficker and seized the money. They did not, however, charge him with anything (as far as I can tell). They also have failed to produce a single shred of evidence linking Gonzolez to any drug-related crime.
Another Quick Fact:Under asset forfeiture laws, law enforcement agencies do not need to prove that you have committed a crime, before taking your property. You have to prove, in court, that your property was not used or obtained in connection with a crime.
Gonzolez, along with his business associates, contested the seizure of their money. Amazingly, they won the case. I say (amazingly) because it is highly unusual for a property owner to challenge an asset forfeiture successfully. The police appealed the verdict and it went to the US 8th Circuit Court of Appeals.
Unfortunately, the appeals court reversed the verdict by coming to an astounding conclusion. According to the US 8th Circuit Court of Appeals, simply driving around with a large amount of cash in the car is evidence of drug trafficking and the cash is subject to police confiscation. No other evidence is required. Apparently, that is how it works in this country.
That makes you want to wave the flag and bake an apple pie, doesn't it? God bless Amerika."
