Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.”     Frederick Bastiat

January 23, 2008

That Money Is GUILTY!

by Brad Warbiany

As yet another example of how insane the drug war has become, cops in Nebraska have seized $69K in “suspected drug money” from a driver who was not arrested, ticketed, nor in any way proven to be involved in criminal activity:

Deputy Chris Engel, 25, had been on the job just two weeks when a routine traffic stop Dec. 20 turned into the biggest cash seizure the Nebraska county has ever seen.

Engel pulled over a Salt Lake City, Utah, resident whom he suspected of speeding on Interstate 80 near the town of Kimball.

The driver’s story didn’t add up, Engel said, so he did a little more investigating. In the end, $69,040 in cash was taken from the car. Officials suspect the money is connected to a drug-trafficking operation, he said.

The driver was not arrested — or even ticketed for going 10 mph over the 75 mph speed limit. (He was warned.) But the investigation is ongoing, Engel said. The Nebraska State Patrol and the Drug Enforcement Agency are assisting in the investigation.

It was the first big cash seizure Kimball County has seen, said Sheriff Tim Hanson. With Interstate 80 running through the Panhandle county, he believes there are ample opportunities to make a dent in drug operations. But in such a sparsely populated county with few resources, it has been difficult to devote deputies’ time to patrolling the Interstate, he said.

“Chris is a very aggressive young deputy,” Hanson said.

Investigators don’t know if they will be able to connect the money to a drug operation, Hanson said, but the important work already has been done.

“The big thing is he grabbed 69 (thousand dollars) and took it away from them,” Hanson said of the money seized. “That’s going right straight to the heart of the matter.”

As I found this story through Radley Balko, I’m going to apply one of his general rules of drug raids. If the cops have evidence against someone in a situation like this, they’ll immediately state that as justification for their actions. Silence is most often to be interpreted as a lack of evidence.

But look at what the Sheriff says. They don’t know whether they can connect the money to drugs, but the “important work” is done. Wouldn’t it be important to prove that the money was obtained illegally? Wouldn’t be important to prove that the driver was doing something wrong which would justify the seizure of his money? Don’t they need to satisfy any due process?

Sadly, the answer is no. As we learned a year and a half ago, simply having large amounts of cash is a crime. And because they charge the money with the crime, not the owner of the money, they don’t need to assume that the owner of the money is innocent until proven guilty. Rather, the money is assumed to be drug-related, and the owner must sue to prove its legitimacy.

I’ve often said that government is thinly-veiled thievery. Now they’re so confident in themselves that they’re removing the veil.

TrackBack URI: http://www.thelibertypapers.org/2008/01/23/that-money-is-guilty/trackback/
Read more posts from
• • •

9 Comments

  1. ln south africa lf you are caught with that kind of money and you cannot prove where it came from, its seized, simple as that! and you get a visit from the taxman! so you could end up handing over your house,car and your business. perhaps America should adopt that sort of approach.

    Comment by colin syme — January 23, 2008 @ 9:01 pm
  2. I blogged about this incident over a week ago.

    Comment by KipEsquire — January 23, 2008 @ 9:27 pm
  3. I see which president ‘colin’ would have voted for.

    Comment by alex — January 24, 2008 @ 5:52 am
  4. Colin- The US has enough idiocy right now. We don’t need to emulate one of the few countries in the world with bigger idiots.

    Comment by Mark Richards — January 24, 2008 @ 7:12 am
  5. This crap is nothing new.

    http://en.wikipedia.org/wiki/USA_v._%24124%2C700

    Comment by Brian T. Traylor — January 24, 2008 @ 10:05 pm
  6. Apologies for redundancy : I just read the last link.

    Comment by Brian T. Traylor — January 24, 2008 @ 10:09 pm
  7. To mark,Alex and Kipesquire: As it happens l live in Scotland, and even here you are only allowed $30k in cash. l voted for the Scottish National Party at the last election…thats a socialist party, so lm no “redneck” conservative, l just have sympathy for those who pay their taxes and earn their money honestly! Winston Churchill said “We make a living by what we get, we make a life by what we give” thats in a nutshell what l believe in!

    Comment by colin syme — January 26, 2008 @ 7:43 am
  8. [...] you’re an American, or otherwise living in the USA, stories like That Money Is GUILTY! should make you extremely angry: Deputy Chris Engel, 25, had been on the job just two weeks when a [...]

    Pingback by 7for.biz - Share your experience with the world | Make it real — January 27, 2008 @ 10:27 am
  9. Sorry, born in Edinburgh. live in Edinburgh, the last place in the world l would either visit or live in is America! here where l live l never bother to lock my door when l go out, no idiots with guns. my e-mail add. is colinsyme@hotmail.co.uk—-

    Comment by colin syme — January 28, 2008 @ 10:24 am

Comments RSS

Subscribe without commenting

Sorry, the comment form is closed at this time.

Powered by: WordPress • Template by: Eric • Banner #1, #3, #4 by Stephen Macklin • Banner #2 by Mark RaynerXML