Favorable Federal Forfeiture Decision
From John Wesley Hall at Fourth Amendment. Com:
Important forfeiture case: In United States v $242,484 (2003, CA11, Fla) 2003 US App Lexis 13273, the Eleventh Circuit on a petition for rehearing from (2003, CA11, Fla) 318 F3d 1240 (withdrawn), finding it could avoid even deciding the legality of the stop of the claimaint, held that possession of large amounts of cash is not alone indicative of criminal activity. The claimant had no criminal record and was carrying cash not bundled in a bank. On the totality of circumstances, the government could not show probable cause to link the money to criminal activity and reversed ordering judgment for the claimaint. The government claimed that its drug dog could differentiate between money that was in close proximity to drugs and money that merely had residue, but it put on no proof to support that claim. (In 1988, the DEA admitted that 80% of the money supply had cocaine residue on it, simply passed on by the money sorting machines at the Federal Reserve.)
In other fourth amendment news, John writes of this Texas case:
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