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August 22, 2006

More People Who Should Be...

The judicial system in this damn country is so corrupt and anti-constitutional that sometimes I want to retch when I hear of the injustice done to people by it and by douche-bag cops and prosecutors. This story comes to you via Say Uncle. Here's the basics from the Sioux City Journal:


Authorities were correct to assume nearly $125,000 they seized from a man's car during a traffic stop may have been connected to narcotics trafficking, despite finding no drugs in the vehicle, the 8th U.S. Circuit Court of Appeals ruled Thursday.

The ruling from the three-judge panel overturned an earlier decision by U.S. Magistrate Judge Thomas Thalken in Nebraska in the case of Emiliano Gomez Gonzolez. A state trooper stopped Gonzolez for speeding on Interstate 80 on May 28, 2003.

Gonzolez was driving a car that he told officers had been rented by a man named "Luis." Gonzolez also said he had never been arrested and that he was not carrying drugs, guns or large amounts of money.

After Gonzolez consented, the car was searched and $124,700 in cash was found in a cooler in the back seat. Authorities also learned that Gonzolez had once been arrested for driving while intoxicated and that the person registered as having rented the car was not named "Luis."

A drug dog later detected the scent of narcotics on the money and seat where the money was found.

Gonzolez testified that he lied about having the money because he believed that carrying large sums of money might be illegal. He said he secreted it inside the cooler because he feared it could be stolen while he was on the road.

He planned on using the money to buy a refrigerated truck in Chicago, Gonzolez said, but after arriving there by airplane from California he learned the truck had been sold. He decided to rent a car and drive back to California but needed someone else to rent the car because he had no credit card, he said.

Gonzolez also said he didn't tell officers about his previous arrest because he didn't think driving while intoxicated was a crime.

A federal judge in Nebraska said the evidence was not strong enough to link the money to drug trafficking, but the 8th Circuit Court on Thursday disagreed.

"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."

In dissent, Judge Donald Lay said the evidence provided was not enough to conclude the money was used in drug trafficking.


As Say Uncle points out, this was a rental car and the "smell" of drugs could have come from anywhere. I might add that money changes hands so much it would be surprising if in the quantitiy of money we're talking about, a few of the bills DIDN'T trigger a response from a drug dog.

It is unreasonable seizures such as this (or grabbing the family car because the teen son went looking for a prostitute, etc) that make our Fourth Amendment a fucking joke these days.

Now. I have stated repeatedly that I do not promote, authorize, condone, or defend violence against those I disagree with. So what is there to do the shit cops and the state who stole (yes, stole) this guy's money, the prosecutors who -- without a case to prosecute -- agreed to seize and not return the money, and the shits who sit on the Eight Circuit (except for Judge Lay) for reaching this anti-american decision? What are we as a supposedly free people to do with shit like this?

I'll leave that for you in the comments. Remember -- nothing violent. I personally will be wishing and praying that they all get a very terrible, painful disease and die slow deaths from it.

Is there anything left of our Bill of Rights or is that just so much toilet paper in 2006?

Posted by Jeff Soyer at August 22, 2006 03:18 PM
Comments

You have the right to remain SILENT - USE IT!

You have the right to deny a SEARCH without a warrant - USE IT!

More people have talked themselves INTO being charged than ever talked their way out of one...

But I do agree with you on your sentiments about fascist judges.

Posted by: Nimrod45 at August 22, 2006 06:26 PM

The founders of this country resorted to violence for lessor transgressions. How far we've fallen that we'll put up with so much violence against us and at worse all we'll do is whine about it.

Long live the Restoration War.

Posted by: anonymous at August 22, 2006 07:16 PM

First, get this video:
http://www.flexyourrights.org/busted

I have it, excellent. ALso miserably sad that honest citizens need to worr aboutthis.

Second, complaint to every legislator you have, and more.

Third, sign up with these guys, LEAP, that you can see here:
http://www.theagitator.com/archives/026951.php#026951
(the destruction of the Fourth Amendment si the DIRECT result of the War on Drugs, as is the fall out onto the First, Second, Fith, Ninth and Tenth).

Fourth: Work to end the drug war. It is a medical and social problem, just like alcoholism. Turning it into a criminal problem is one of the top five mistakes this country ever made.

Fifth: Posses all the unregistered guns you can, just in case. Remember Athens, Mississippi.

Posted by: tomWright at August 22, 2006 08:36 PM

tomWright: I think you mean Athens, Tennessee, yes?

Posted by: Anon at August 22, 2006 11:30 PM

Tenth try. If it works, probably because my usual EMail is the Y-word.

Judge Lay seems to be the only one who thinks thinking a defendant is guilty is not enough to hang him.

Of course, that is the standard under RICO. It has been so widely abused it might well be the poster child for unintended consequences, or the paving material of a certain well-known road. Garb the stuff, sure, but it should not default to being government property until the associated case is adjudicated - I say this knowing we'll be taxed to provide storage facilities, too. Bah.

Posted by: teqjack at August 23, 2006 12:03 AM

Yep. I thought your warning was for content, forgot EMail addy.

Posted by: teqjack at August 23, 2006 12:04 AM

In that "land of hope & glory, mother of the free..." Posession of £1000 (about 1600 USD) in cash, without good reason gets it confiscated.

you want to stamp on the trend before it goes as far as Britain has.

Posted by: Keith at August 23, 2006 04:24 AM

-A few years back someone (a Miami newspaper?) did a study about currency and narcotics residue. The general conclusion was that any significant quantity of paper money WOULD have traceable amounts of narcotics, generally cocaine. The study also concluded that anyone with sufficiently sophisticated equipment could declare money to be "drug connected" based on residue.
-This was and is an issue because of local agencies using drug busts as fund raisers.

Posted by: MWS at August 23, 2006 08:32 AM

Fourth: Work to end the drug war. It is a medical and social problem, just like alcoholism. Turning it into a criminal problem is one of the top five mistakes this country ever made.

The War on (Some) Drugs is just another form of nanny-statist prohibition. The "do-gooders" just can't help themselves - after all, it's for your own good, isn't it?

It's your body, not the State's - you should be able to shoot, snort, drink, lick, ingest, or otherwise put into *YOUR* body whatever you want.

If you subsequently commit a *real* crime, that actually causes "harm" to someone else, then you should be arrested and your ass thrown in jail.

Posted by: Nimrod45 at August 23, 2006 10:56 AM
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