Court OKs seizure of cash with high cocaine traces

Tribune Review ^ | Wednesday, March 08, 2006 | AP

[steel_resolve]

HARRISBURG -- Cash with far higher-than-normal trace levels of cocaine can be seized as contraband from speeding drivers, a divided state appeals court ruled today.

The 5-2 Commonwealth Court decision concerned the seizure of $451,000 from two separate vehicle stops by state police on the Pennsylvania Turnpike in 2002 and 2004.

[robertpaulsen]

"The property owner has to prove his innocence."

Not under federal law.

[stuartcr]

But when the precedent is set, that suspect money can be confiscated for this purpose and in this manner, then eventually, the amount probably won't matter.

[jpsb]

This has been going on for a long long time. Started under Reagan, in it's original form the idea was to seize the drug runners speed boats, airplanes etc. There high tech expensive means of delivery. This was very popular with law enforcement and provided lot's of fun stuff and money, Next LE when after cars and homes, and now cash.

The idea is that property can be guilty of a crime even if the property owner isn't. If LE takes your property you must then prove the property innocent, and not in open court but to some appointed government jerk that wants to keep your stuff. Needless to say ever few ever get there stuff back.

It is out right thief and blatantly unconstitutional but since the government has most of the guns and is not afraid to use them nothing will be done. The war on drugs is in fact a war on the American people and their Constitution.

[Graycliff]

Reminds me of a test done many years ago, involving cocaine cash and drug sniffing dogs. While the cameras running, an officer hides cash in the vehicle, another officer comes around with the dog. Dog picks up on hidden money, the other officer takes the money and holds it out for the camera. at the same time the dog goes over to the first officer, and tries to get into this pocket. That officer removes a small wad of bills, that tested positive for cocaine residue.

[zeugma]

I would hope that even you guys would be on the side of us loserdopians on this one.

I just knew you would be wrong. 

[PaxMacian]

http://www.prisonplanet.com/022904rfidtagsexplode.html

[steve-b]

98% of paper currency has either been rolled up and used as a straw for snorting coke, or handled by people whose hands had coke on them?

Or been right next to another bill with such a history. Duh.

[joesnuffy]

Nobody owns their money. The government just lets us carry some around until they want it back.

Aint dat the truth...after all whose name is on it?...

[longshadow]

From the article:

"Cash with far higher-than-normal trace levels of cocaine can be seized ...."

Okay; fair is fair -- I propose the first people whose money should be tested for cocaine residue should be the legislators who voted for this law.

[Lurking Libertarian]

When you think about it, is that really possible? 98% of paper currency has either been rolled up and used as a straw for snorting coke, or handled by people whose hands had coke on them? Seems unlikely, really. More likely that whatever test they use to indicate the prescence of coke is producing false positives on some other substance.

It's spread by cash-counting machines and ATMs.

[jmc813]

According to the article, it was seized because of "the amount of money, the way it was bundled, the level of drugs on the bills and the stories the vehicle occupants told."

Then surely they should have had probable cause for arrest. I can't believe you're supporting this.

[freepatriot32]

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

[Hemingway's Ghost]

According to the article, it was seized because of "the amount of money, the way it was bundled, the level of drugs on the bills and the stories the vehicle occupants told."

He committed no crime, nor was he arrested. But the cops relieved him of over $300K . . .

[Supernatural]

Any level of cocaine that can be detected is grounds for seizure. From what I understand, a lot of money has traces of cocaine on it, even if the person who has the money has never used it.

Another excuse for more government power.

[LIConFem]

...shall not be deprived of life, liberty or property without due process...

[longshadow]

I didn't think carrying just money in general is a crime.

It not a criminal process; it's a property forfeiture, a legal action taken against the property itself (e.g., the case would have a name such as "The State of Pennsylvania vs. $3211 and change") and not the owner of the property. It is a misuse of an ancient remedy, originally used by the monarch to recover assets to compensate those "injured" by someone's property. A shipper has a cargo tip over and crushes a passerby. The King would seize the cargo, sell it, and give the proceeds to the victim's family as compensation.

See also: deodands

[freepatriot32]

you should just assume RP will support anything that has to do with drugs and youll rarely be wrong

I dont know if this has ever been tried before or even if it could be but it seems to me anyone that has thier money stolen at gunpoint by the jbts without being arrested has a hell of a good case for a multi million dollar lawsuit for slander or liable

[BJClinton]

They wouldn't waste their time on $20. $100K in a shoe box is a different story.

[Scotsman will be Free]

#1. I was a state policeman, not a feeb.
#2. Get in a brouhaha with the IRS and you'll be singing a different tune.

[Centurion2000]

I didn't think carrying just money in general is a crime.

It is now.