USA v. $124,700
Encyclopedia
United States of America v. $124,700 in U.S. Currency, 05-3295
(8th Cir. 2006), was a decision of the United States Court of Appeals for the Eighth Circuit
that was handed down on August 18, 2006.
The form of the styling of this case — the defendant
being an object, rather than a legal person — is because this is a jurisdiction in rem
(power over objects) case, rather than the more familiar in personam
(over persons) case. In current US legal practice, in rem is most widely used in the area of asset forfeiture
, frequently in relation to controlled substances offenses. In rem forfeiture cases allow property (in this case, $124,700 in cash) to be directly sued by and forfeited to the government, without either just compensation
or the possessor (and presumptive owner) being convicted of a crime.
in a rented Ford Taurus when a Nebraska State Patrol
Trooper, Chris Bigsby, stopped Gonzalez for exceeding the posted speed limit. Trooper Bigsby testified that he asked Gonzalez to sit in the front passenger side of his patrol vehicle during the stop. At Bigsby's request, Gonzalez presented a Nevada driver's license and a rental contract for the car, but the rental contract was not in Gonzalez's name and did not list Gonzalez as an additional driver.
Trooper Bigsby did not speak fluent Spanish
, but he testified that Gonzalez responded to his questions, which were mostly in English
, in a combination of English and Spanish. Bigsby asked Gonzalez where he was going, and Gonzalez responded that he had been in Chicago for three days. Gonzalez indicated that a person named "Luis" had rented the car for him, but the name "Luis" did not match the name on the rental agreement that he presented to Trooper Bigsby. Trooper Bigsby also twice inquired whether Gonzalez had ever been arrested or placed on probation or parole, and Gonzalez said that he had not.
Before Trooper Bigsby had completed the traffic stop, another officer, Jason Brownell, stopped to ask if Bigsby needed any assistance. When Trooper Bigsby found out that Trooper Brownell had some Spanish-speaking ability, Bigsby asked if Brownell would stay and assist. Trooper Bigsby testified that with Brownell's assistance, he completed a warning citation and returned Gonzalez's license and paperwork. Having learned through his dispatcher that Gonzalez had been arrested in 2003 for driving while intoxicated, Bigsby then asked, through Trooper Brownell, if he could "ask a few more questions," and Gonzalez answered yes. Again through Trooper Brownell, Bigsby asked if Gonzalez had ever been arrested for driving while intoxicated, and Gonzalez answered that he had. Bigsby and Brownell also inquired whether any alcohol, guns, marijuana, methamphetamine, heroin, or large amounts of cash were in the car, and Gonzalez answered no. Brownell then asked for and received consent to search
the car. Trooper Bigsby went directly to the rear passenger side of the vehicle and opened a cooler that was in the back seat, where he found a large plastic bag that contained seven bundles wrapped in rubber bands inside aluminum foil packaging. These bundles contained a total of $124,700 in currency. Gonzalez and the vehicle were then taken to the Nebraska State Patrol office in Lincoln
.
, a George W. Bush
appointee to the Eighth Circuit, wrote the majority opinion for himself and Judge Arnold. Colloton wrote, "The United States initiated civil forfeiture proceedings against $124,700 in United States currency, alleging that the money was subject to forfeiture as the proceeds of a drug transaction or as property used to facilitate the possession, transportation, sale, concealment, receipt, or distribution of a controlled substance. See 21 U.S.C.§ 881(a)(6). Three individuals filed claims opposing the forfeiture, and after a bench trial, the district court
entered judgment in favor of the claimants. The government appeals, and we reverse and remand for further proceedings."
, a Lyndon B. Johnson
appointee to the Eighth Circuit, dissented, concluding "I cannot agree that the government has proven, by a preponderance of the evidence, the requisite substantial connection between the currency and a controlled substance offense.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(8th Cir. 2006), was a decision of the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
that was handed down on August 18, 2006.
The form of the styling of this case — the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
being an object, rather than a legal person — is because this is a jurisdiction in rem
Jurisdiction in rem
In rem is a legal term describing the power a court may exercise over property or a "status" against a person over whom the court does not have "in personam jurisdiction"...
(power over objects) case, rather than the more familiar in personam
In personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...
(over persons) case. In current US legal practice, in rem is most widely used in the area of asset forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
, frequently in relation to controlled substances offenses. In rem forfeiture cases allow property (in this case, $124,700 in cash) to be directly sued by and forfeited to the government, without either just compensation
Just compensation
Just Compensation is required to be paid by the Fifth Amendment to the U.S. Constitution when private property is taken for public use...
or the possessor (and presumptive owner) being convicted of a crime.
Background
The defendant currency was seized on May 28, 2003, from one of the claimants, Emiliano Gomez Gonzalez. According to testimony adduced at trial, Gonzalez was driving west on Interstate 80Interstate 80
Interstate 80 is the second-longest Interstate Highway in the United States, following Interstate 90. It is a transcontinental artery running from downtown San Francisco, California to Teaneck, New Jersey in the New York City Metropolitan Area...
in a rented Ford Taurus when a Nebraska State Patrol
Nebraska State Patrol
The Nebraska State Patrol is Nebraska's only statewide full-service law enforcement agency. Serving Nebraska since 1937, State Patrol officers perform a wide variety of duties...
Trooper, Chris Bigsby, stopped Gonzalez for exceeding the posted speed limit. Trooper Bigsby testified that he asked Gonzalez to sit in the front passenger side of his patrol vehicle during the stop. At Bigsby's request, Gonzalez presented a Nevada driver's license and a rental contract for the car, but the rental contract was not in Gonzalez's name and did not list Gonzalez as an additional driver.
Trooper Bigsby did not speak fluent Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
, but he testified that Gonzalez responded to his questions, which were mostly in English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
, in a combination of English and Spanish. Bigsby asked Gonzalez where he was going, and Gonzalez responded that he had been in Chicago for three days. Gonzalez indicated that a person named "Luis" had rented the car for him, but the name "Luis" did not match the name on the rental agreement that he presented to Trooper Bigsby. Trooper Bigsby also twice inquired whether Gonzalez had ever been arrested or placed on probation or parole, and Gonzalez said that he had not.
Before Trooper Bigsby had completed the traffic stop, another officer, Jason Brownell, stopped to ask if Bigsby needed any assistance. When Trooper Bigsby found out that Trooper Brownell had some Spanish-speaking ability, Bigsby asked if Brownell would stay and assist. Trooper Bigsby testified that with Brownell's assistance, he completed a warning citation and returned Gonzalez's license and paperwork. Having learned through his dispatcher that Gonzalez had been arrested in 2003 for driving while intoxicated, Bigsby then asked, through Trooper Brownell, if he could "ask a few more questions," and Gonzalez answered yes. Again through Trooper Brownell, Bigsby asked if Gonzalez had ever been arrested for driving while intoxicated, and Gonzalez answered that he had. Bigsby and Brownell also inquired whether any alcohol, guns, marijuana, methamphetamine, heroin, or large amounts of cash were in the car, and Gonzalez answered no. Brownell then asked for and received consent to search
Consent searches
Consent searches are searches made by United States law enforcement personnel based on the consent of the individual whose person or property is being searched.-Overview:...
the car. Trooper Bigsby went directly to the rear passenger side of the vehicle and opened a cooler that was in the back seat, where he found a large plastic bag that contained seven bundles wrapped in rubber bands inside aluminum foil packaging. These bundles contained a total of $124,700 in currency. Gonzalez and the vehicle were then taken to the Nebraska State Patrol office in Lincoln
Lincoln, Nebraska
The City of Lincoln is the capital and the second-most populous city of the US state of Nebraska. Lincoln is also the county seat of Lancaster County and the home of the University of Nebraska. Lincoln's 2010 Census population was 258,379....
.
Lawsuit
The district court concluded that the government had not established, by a preponderance of the evidence, that there was a substantial connection between the money and a drug trafficking offense. The court noted that large sums of unexplained currency can be evidence of drug trafficking, and that in this case the money was bundled in an unusual manner. The court also concluded, however, that the claimants had given a "plausible and consistent explanation for [the money's] origin and intended use," (Add. at 12), and that "the bundling is consistent with an attempt to sort the currency by contributor and conceal the currency from would-be thieves," and not just to evade law enforcement. (Id. at 13). In addition, the court observed that the government had not presented any expert testimony about "whether the manner the bundles were wrapped either increased or decreased the likelihood of the currency's use or connection with a drug trafficking offense." (Id.)Opinion of the Eighth Circuit Court of Appeals
Judge Steven CollotonSteven Colloton
Steven Michael Colloton is a federal judge who has served on the United States Court of Appeals for the Eighth Circuit since 2003.- Family :...
, a George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
appointee to the Eighth Circuit, wrote the majority opinion for himself and Judge Arnold. Colloton wrote, "The United States initiated civil forfeiture proceedings against $124,700 in United States currency, alleging that the money was subject to forfeiture as the proceeds of a drug transaction or as property used to facilitate the possession, transportation, sale, concealment, receipt, or distribution of a controlled substance. See 21 U.S.C.§ 881(a)(6). Three individuals filed claims opposing the forfeiture, and after a bench trial, the district court
United States District Court for the District of Nebraska
The United States District Court for the District of Nebraska is the Federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha, Lincoln, and North Platte....
entered judgment in favor of the claimants. The government appeals, and we reverse and remand for further proceedings."
Dissenting opinion
Senior Circuit Judge Donald P. LayDonald P. Lay
Donald Pomery Lay was an American jurist who served on the United States Court of Appeals for the Eighth Circuit for 40 years, including as chief judge from 1979 to 1982....
, a Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
appointee to the Eighth Circuit, dissented, concluding "I cannot agree that the government has proven, by a preponderance of the evidence, the requisite substantial connection between the currency and a controlled substance offense.
See also
- United States Court of Appeals for the Eighth CircuitUnited States Court of Appeals for the Eighth CircuitThe United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
- List of United States courts of appeals cases
- Asset forfeitureAsset forfeitureAsset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
- War on DrugsWar on DrugsThe War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...