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Carrying lots of cash? Government can seize it.


Texsox

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QUOTE(NorthSideSox72 @ Sep 13, 2006 -> 02:09 PM)
I don't disagree with any of that. But per the current laws, its all OK. Write you Congressman. :P

 

And both Senators. Kay has an automatic reposnder to my emails, it basically says thanks for writing but your a liberal idiot, :D I do like her.

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Loopholes aside there was reasonable doubt to at least suspect him of drug trafficing based on that article. If the law says they can seize it I doubt theyll pass on an opportunity to do so. I didnt see any part that said what type of neighborhood he was in. I think that might make things a little more clear. In regards to him not knowing a DUI was a crime, its in his miranda rights that he was being arrested and Im sure they were read to him when he got arrested for it so that is a lie and a reason for suspision. Id also like to know the incriments of the bills but I doubt anyway it was nickle and diming based on the amount.

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QUOTE(DrunkBomber @ Sep 13, 2006 -> 09:37 PM)
Loopholes aside there was reasonable doubt to at least suspect him of drug trafficing based on that article. If the law says they can seize it I doubt theyll pass on an opportunity to do so. I didnt see any part that said what type of neighborhood he was in. I think that might make things a little more clear. In regards to him not knowing a DUI was a crime, its in his miranda rights that he was being arrested and Im sure they were read to him when he got arrested for it so that is a lie and a reason for suspision. Id also like to know the incriments of the bills but I doubt anyway it was nickle and diming based on the amount.

A few clarifications...

 

Its not reasonable doubt - its probable cause. Two very different things.

 

Neighborhood? He was pulled over by a Nebraska State Trooper, per the article. I'd say he wasn't in a neighborhood - he was probably out on I-80 in the middle of a wheat field. And that, in theory, should make no difference anyway.

 

There is no such thing as Miranda rights. Miranda is named after a case, which set precedent for guidelines on how a non-voluntary police custody (aka police arrest) is made clear to a subject. In some cases, a subject must be read or shown some form of his/her rights while under arrest - this collection of statements is commonly known as a Miranda warning. That all said, yes, he would likely have been Mirandized (not a real word, but often used anyway) during a DUI arrest. But I'd think the night or more in jail, the trip handcuffed in the cruiser, etc., would have been a pretty clear indicator.

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The articles state he is not fluent in English. If he is a Mexican national, that may have contributed to his confusion, DUI is not a crime in Mexico. It could also explain his reluctance to admit to carrying a large sum of cash. Corrupt cops are more common in Mexico than the US.

Bottom line, he was never charged with a crime, yet the government is keeping his money. Innocent. You would think when someone is innocent that the government couldn't seize their property.

 

In the other cases where the government has seized assets, there were drugs found with the money or a strong smell that humans could detect. This is the lowest bar the courts have allowed.

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