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  #16 (permalink)  
Old 12-26-2006
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Re: Driving with cash is a crime

Quote:
Originally Posted by gnomon View Post
Think much?
Probably more than you.
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  #17 (permalink)  
Old 12-26-2006
MareTranquility MareTranquility is offline
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
WOW, a non-english speaking man driving a car that wasn't in his name and carrying $124,000 in cash.......I don't care what anyone thinks, it was DRUG money.
Not in America, Pro, innocent until PROVEN guilty. This is one of the problems with the rising tide of fascism in this country, people are way too willing to bypass the legal system and pass summary judgment on people they SUSPECT of doing something wrong. I know of no case in history where this kind of drift towards fascist thinking lead to a good outcome.
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  #18 (permalink)  
Old 12-26-2006
MareTranquility MareTranquility is offline
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
All 3.....There were 3 reason to have doubt not to mention that a trained dog sniffed out the money........I wish they'd had run a lad test on the money to see if traces were available.

The law states; "beyond reasonable doubt".....To me, there was reason to doubt the man's claim.
Fair enough, reasonable doubt, the man should have been legally arrested and been dealt with through the judicial system--not just had the money confiscated. If he turns out to be innocent then he should get the money back. Even the Red Chinese will do that with your Leatherman.
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  #19 (permalink)  
Old 12-26-2006
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Re: Driving with cash is a crime

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Originally Posted by MareTranquility View Post
Fair enough, reasonable doubt, the man should have been legally arrested and been dealt with through the judicial system--not just had the money confiscated. If he turns out to be innocent then he should get the money back. Even the Red Chinese will do that with your Leatherman.
I agree, if he's innocent than the money should be returned.
I don't know why, but I have this feeling that the whole story wasn't posted....I will be looking for more information later tonight.
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  #20 (permalink)  
Old 12-26-2006
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Re: Driving with cash is a crime

http://www.thenewspaper.com/rlc/docs...moneyseize.pdf

When the state seizes property the burden is upon the state to prove by a preponderance of evidence that the property seized is connected to a crime, in this instance drug activity. The district court which initially ruled on the case found no preponderance of evidence noting that Gonzalez and his friends had no prior criminal record in regards to drug activity. Only Gonzalez had a prior which was a DUI. The court also found that the manner in which the money was bundled was consistent with keeping the different amounts contributed by individuals in separate bundles.

The de novo finding, from a logical standpoint, is nothing more than an opinionated disagreement from the higher court without any basis in fact. They merely conclude that a large sum of money is evidence enough of "drug activity" despite the lack of any other evidence leading to such a conclusion.

The dissent in this case is the only reasonable piece of judicial work achieved by the Eight Circuit.

However, one thing is clear. Gonzalez doesn't appear to be a very smart man. The lack of any strong evidence supporting his story or that of the state I would believe that the law must side with Gonzalez. In this case the state failed to provide a preponderance of evidence required to seize the money.

Of course, I'm not a judge so my opinion doesn't count for shit.
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  #21 (permalink)  
Old 12-26-2006
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
I agree, if he's innocent than the money should be returned.
I don't know why, but I have this feeling that the whole story wasn't posted....I will be looking for more information later tonight.
I agree with you there. Sorry for my flippant remark.
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  #22 (permalink)  
Old 12-26-2006
Slon Slon is online now
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
All 3.....There were 3 reason to have doubt not to mention that a trained dog sniffed out the money........I wish they'd had run a lad test on the money to see if traces were available.

The law states; "beyond reasonable doubt".....To me, there was reason to doubt the man's claim.
"a non-english speaking man" - So not speaking English means you cannot have money except from a drug deal?

car not in name - This means the money inside the car was from a drug deal?

"carrying $124,000 in cash" - And this somehow proves that it was from drug deals? Are you saying that if he split it up into $1000.00 piles and carried those individually, it would not be from a drug deal? For some reason, I do not see the connection between "large sum of money" and "definitely from a drug deal." Is drug money the only money that can be carried with large quantities of other money?

"not to mention that a trained dog sniffed out the money........I wish they'd had run a lad test on the money to see if traces were available" - Did you even read the OP? Here, I'll quote it for you again to make it easier.

Urban Legends Reference Pages: Business (Drug Money)

Quote:
Claim: A large percentage of U.S. currency bears traces of cocaine.

Status: True.
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  #23 (permalink)  
Old 12-26-2006
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Re: Driving with cash is a crime

Quote:
Originally Posted by Slon View Post
"Did you even read the OP? Here, I'll quote it for you again to make it easier.

Urban Legends Reference Pages: Business (Drug Money)
IMO….bullshit.
While I'll agree that most money has some sort of drug residue on it, it must be a very small amount or else why do they use drug dogs.....If the dogs could detect the amount of drugs left these bills, they'd go nuts and wouldn't be worth a crap....
For the dog to locate the money in this case, I am guessing that it had a high enough content to be relatively fresh.
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  #24 (permalink)  
Old 12-26-2006
Slon Slon is online now
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
IMO….bullshit.
While I'll agree that most money has some sort of drug residue on it, it must be a very small amount or else why do they use drug dogs.....If the dogs could detect the amount of drugs left these bills, they'd go nuts and wouldn't be worth a crap....
Yeah, and most people don't carry enough money to have such a high concentration of cocaine.
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  #25 (permalink)  
Old 12-27-2006
Thematic-Device Thematic-Device is offline
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
All 3.....There were 3 reason to have doubt not to mention that a trained dog sniffed out the money........I wish they'd had run a lad test on the money to see if traces were available.
If you take a dog into a bank, the dog will probably alert to some of the money in the bank. Taking 7 pieces of currency there is a good chance that theres no cocaine on any of them, take several hundred pieces and that chance dwindles.

e.g. if a drug dog will alert to one out of every ten pieces of currency there is about a 50% chance the dog will alert to a random grouping of 7 pieces.

but there is 99.5% chance he will alert to random grouping of 50 pieces.

Further simply that the money may have passed through the hands of a drug dealer doesn't mean that the person who has the currency presently had anything to do with it. What is necessary to prove is that the money is the direct result of a crime, the simple fact that it may have been used in a crime at some point in the past is not sufficient evidence to tie that crime to its current holder.

Quote:
The law states; "beyond reasonable doubt".....To me, there was reason to doubt the man's claim.
you really don't understand how the law works do you?
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  #26 (permalink)  
Old 12-27-2006
Thematic-Device Thematic-Device is offline
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
IMO….bullshit.
While I'll agree that most money has some sort of drug residue on it, it must be a very small amount or else why do they use drug dogs.....If the dogs could detect the amount of drugs left these bills, they'd go nuts and wouldn't be worth a crap....
For the dog to locate the money in this case, I am guessing that it had a high enough content to be relatively fresh.
They're called false positives

Quote:
United States v Limares (269 F. 3d 794 (2001) Seventh Circuit

Affidavit of officer which stated that trained drug detection dog, which had proven reliable in past, had alerted to presence of drugs in a parcel, established probable cause for issuance of search warrant.

The record of this dog indicated that 62% of dog’s alerts were followed by the discovery of drugs, and that another 31% signaled the presence of currency, many of which likely resulted from currency with unusually high concentrations of drug revenue.

An affidavit for a search warrant based upon a positive canine alert, need not describe training methods or give dog’s scores on final exams. It is enough if a dog is reliable in the field.
CASE LAW ON DOGS RELIABILITY / TRAINING

Again, if I end up with a twenty dollar bill which was formerly carried by a drug dealer is not sufficient evidence to seize even that single twenty dollar bill without compensation unless they can prove that I was in someway involved in crime.

Last edited by Thematic-Device; 12-27-2006 at 12:24 AM.
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  #27 (permalink)  
Old 12-27-2006
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Re: Driving with cash is a crime

Quote:
Originally Posted by Thematic-Device View Post
you really don't understand how the law works do you?
Sure I do............Well somewhat, I’m no lawyer.
I should have used two sentences though for “By reasonable doubt” and “I believe there was doubt”.
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  #28 (permalink)  
Old 12-27-2006
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proUSA proUSA is offline
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Re: Driving with cash is a crime

Quote:
Originally Posted by Thematic-Device View Post
They're called false positives



CASE LAW ON DOGS RELIABILITY / TRAINING

Again, if I end up with a twenty dollar bill which was formerly carried by a drug dealer is not sufficient evidence to seize even that single twenty dollar bill without compensation unless they can prove that I was in someway involved in crime.
Good link, thanks........But I still say something is up with the guy and would not be surprised if drugs weren't involved.
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  #29 (permalink)  
Old 12-27-2006
Slon Slon is online now
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Re: Driving with cash is a crime

Quote:
Originally Posted by proUSA View Post
Good link, thanks........But I still say something is up with the guy and would not be surprised if drugs weren't involved.
It sure is good to know we live in a country where saying "something is up with the guy" is is not enough to confiscate all of his money. Oh wait...
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  #30 (permalink)  
Old 12-27-2006
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proUSA proUSA is offline
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Re: Driving with cash is a crime

Quote:
Originally Posted by gnomon View Post
http://www.thenewspaper.com/rlc/docs...moneyseize.pdf

When the state seizes property the burden is upon the state to prove by a preponderance of evidence that the property seized is connected to a crime, in this instance drug activity. The district court which initially ruled on the case found no preponderance of evidence noting that Gonzalez and his friends had no prior criminal record in regards to drug activity. Only Gonzalez had a prior which was a DUI. The court also found that the manner in which the money was bundled was consistent with keeping the different amounts contributed by individuals in separate bundles.

The de novo finding, from a logical standpoint, is nothing more than an opinionated disagreement from the higher court without any basis in fact. They merely conclude that a large sum of money is evidence enough of "drug activity" despite the lack of any other evidence leading to such a conclusion.

The dissent in this case is the only reasonable piece of judicial work achieved by the Eight Circuit.

However, one thing is clear. Gonzalez doesn't appear to be a very smart man. The lack of any strong evidence supporting his story or that of the state I would believe that the law must side with Gonzalez. In this case the state failed to provide a preponderance of evidence required to seize the money.

Of course, I'm not a judge so my opinion doesn't count for shit.
Thanks for the update......IMO, something just sounds fishy to the story....I may be wrong though, but it smells like tuna to me.
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