Last Seen In Nebraska

[Guest guest]

Missing: US Constitution

- Last Seen In Nebraska Courtroom

 

by Mike Healan

 

I struggled for two days with this one. Every time I

tried to write about it, I realized that I had created

an enormous ramble and had to restart.

 

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.

 

To avoid writing another long-winded rant, I will just

state what happened to Emiliano Gonzolez.

 

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 urban

legend. 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.

 

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© 2001 - 2006 by Mike Healan