If the Government can sue your cash and take it without trial, why can t they sue your gun and take that too?
"Last week, the 8th Circuit Court of Appeals ruled in the case of U.S. v. $124,700 that Nebraska police were correct to seize money from a California man who'd been stopped for a speeding ticket.
A drug-sniffing dog detected the smell of narcotics on the money and on Emiliano Gomez Gonzolez's rental car — but no drug charges were brought against him. Gonzolez wants his money back.
Robert Siegel talks with law professor Robert Goldman, of St. Louis University Law School, who says it's unlikely the man will get the money."
"Civil asset forfeiture, an outgrowith of the drug war, rests on the legal theory that property can be guilty of a crime. Once authorities establish a nexus between a piece of property and criminal activity—most commonly drug cases, but also prostitution, DWI, and white collar crime—the owner must prove his innocence or lose his property, even if he's never charged with an underlying crime. In most jurisdictions, seized cash and the proceeds from the auctioned property go back to the police departments and prosecutors' offices responsible for the seizure. The scheme, which creates unsavory incentives for public officials, became popular because of a 1984 federal bill designed to encourage aggressive enforcement..."
- Anonymous7 years agoFavorite Answer
Without trial? Then what were they doing in a COURTROOM?
Your link says that this was the court's reasoning:
"We believe that the evidence as a whole demonstrates ... that there was a substantial connection between the currency and a drug trafficking offense," the court wrote. "We have adopted the commonsense view that bundling and concealment of large amounts of currency, combined with other suspicious circumstances, supports a connection between money and drug trafficking."
Obviously if there is a substantial connection between your gun and a narcotics offense, they can take your gun, too. You have a problem with that?
- Hit GirlLv 77 years ago
Although I find it suspicious that the man had that much cash on him I have to say it's a bit scary how much control the government has taken over the individual. What happened to unreasonable search and seizure? Since money passes through so many hands every day, who knows what substances it may have traces of on it?
I feel they need to prove the money was gained illegally not have the individual prove it wasn't. Innocent until proved guilty...anyone remember that?
- KathrynLv 44 years ago
Lady that left me with a broken arm and 5 staples to hold my scalp closed was driving a Jeep. Wonder if I should sue them
- wtincLv 77 years ago
Why go to all that trouble, in about 12 months the cash you hold in your hand will be worthless. As for taking the guns from people guns are not like cash. I can throw a 20 dollar bill at you but the most you will do is blink. If i throw bullets at you blinking will be harder to do.
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- QuestorLv 77 years ago
The law can't sue (which is CIVIL prosecution, not criminal) things. They are allowed to confiscate illegally gotten money and goods.
- Anonymous7 years ago
lol rented car, 124,000 in cash with narcotics on it, and you think he should get his money back. The odds of him doing so unless he clearly can show how this money came to be in the car, what source it came from and the like--should be near 0.
- MaxwellLv 77 years ago
no one sues your cash
they sue YOU. and are awarded you cash, or your possessions in lieu of cash
- Anonymous7 years ago
i think you are mistaken