Discussion Forum - Northstar Chevelle Club

jim larson · 2K+ Club

Seems to be true about how you can loose $10,000 cash if your carrying it in you pocket.

John D · 2K+ Club

Interesting... maybe our resident retired LEO will comment?

Lost in the 60s · President

Don't carry it on your person, lock it in the glove box. They need a warrant to search the vehicle and probable cause to order the glove box unlocked.

Chris R · 2K+ Club

I shared about this in several facebook groups several months ago after seeing it in another group & felt it was certainly worth sharing. The replies I got were quite interesting. Ill admit I didn't have time to watch that entire video so he may very well have covered it. Many states now have laws in place that law enforcement cant just "take" money from you just because your traveling with it for the sole reason of it being a large amount. They need probable cause and legit proof of wrongdoing before hand. At least that's what I learned from those much more experienced then I after a lot of people replied to those posts including a lot of guys whom are always carrying large sums of cash for making purchases like vehicles, arcade & pinball machines, vintage Jukeboxes, etc. Most of them say that as long as your not doing something foolish, law enforcement wont bother you, no different then any other day. Others have recommended printing out the classified ad, ebay auction, facebook sale, or whatever & keeping that with you. Some were even law enforcement backround & said that now days only if its suspected that something like drug trafficking or something along those lines, carrying that amount of money is typically not as big of a risk, at least not with Johnny Law. The thugs out there that may want to steal it from you, if they find it, is a different story.

Again, I haven't had time to watch that entire video & my apologies if he had already covered that information. Just what I learned recently as well.

Jon H · 1K+ Club

I only watched the first four minutes because the guy sounded like a raving lunatic. I am not a lawyer but from my experience here are my thoughts.
Yes there is civil forfeiture, it has been around for as long as I was a LEO. It has been a very useful tool for law enforcement. Can an officer just take your money because you have it, no. The government can make a civil or criminal case against an individual or a thing, usually vehicles, real property or cash. The difference is the civil case requires a much lower burden of proof to sustain a conviction or forfeiture. To convict an individual of a crime you will need evidence to show proof beyond a reasonable doubt (near 100%) where in a civil case it would be preponderance (greater than 50%) of evidence. Rarely is a civil forfeiture case the basis for an investigation but rather a parallel case to a criminal case. The criminal case may be a charge against a person for let's say distribution of a controlled substance and the parallel civil case is for the forfeiture of the proceeds of the crime maybe a house, cars and cash. A civil case can be a stand alone case but they are more unusual. One example is that a suspected drug dealer is found in possession of a large amount of cash. If the government can show the cash is "likely" the proceeds of illegal activity a civil case can be brought without the government having to show beyond a reasonable doubt, as is required for a criminal conviction, where the cash originated.
Now before everyone jumps in there are exceptions to every rule and yes there are corrupt officers and governmental jurisdiction that exist.
When I was looking for a car a traveling around the mid-west with cash it was in my pocket. If an officer asked me what the bulge in my pocket was I would certainly hope the officer was female. I can't imaging going into a restaurant and leaving a bundle in my glove box to walk away. Law enforcement knowing I was in possession of cash was the least of my worries.

One final thought, remember if you are the subject of a traffic stop or other professional contact with a LEO, remember that it is a business transaction and they are not making contact because they like the color or your car. Answer the least amount of questions with the fewest amount of words in a polite manner and your day will end better.

-- Edited by Jon H on Saturday 23rd of February 2019 10:04:28 PM

-- Edited by Jon H on Saturday 23rd of February 2019 10:17:25 PM

-- Edited by Jon H on Tuesday 5th of March 2019 12:12:31 PM

dashboard · 2K+ Club

Excellent explanation JH.

Not sure what the net effect will be but the US Supreme Court addressed a civil forfeiture case this week.

www.nytimes.com/2019/02/20/us/politics/civil-asset-forfeiture-supreme-court.html

jim larson · 2K+ Club

John, for the most part I agree with you. But not 100%..L Let me share an experience. I had a deputy tell me to my face that he falsified a report he filed about my son and sent to my sons high school administrators. And then he said to my face there was not anything I or my son could do about it. He is currently the county sheriff. And was recently convicted a a game violation regarding deer hunting. Well I had to hire a lawyer, who subsequently presented signs affidavits to the county sheriff at that time. The letter was retracted.

And I was not in the drivers seat when that young woman got kill in So Mpls. So I do not trust all law enforcement officers, as well at teachers, or clergy, or doctors. And you can certainly add politicians to that list confirmed by the events of the last few years and our involvement in Vietnam.

Jon H · 1K+ Club

Jim...I was only trying to clarify the history and use of the civil forfeiture law in law enforcement.

Unfortunately I can not give you any information on the Goodhue County Sheriff's professionalism, recent Minneapolis homicides, teachers, doctors, clergy or the Vietnam War. Life's experiences teaches us to be cautious.