Since When Is Possession Of Money Illegal ?

The Texas Department of Public Safety said Carlos Refugio Cervantes-Perez of Las Vegas was heading home from Oklahoma City in a 2001 Chevrolet pickup at 8:42 p.m. He was stopped for traveling faster than 70 mph on westbound Interstate 40 near Conway, authorities said.

Cervantes-Perez allowed the trooper to search the vehicle, authorities said. Authorities said the search uncovered two bundles of cash hidden inside the four-wheel-drive pickup's front differential - the housing on the front axle that contains gears that allow the vehicle's transmission to power the wheel.

More than $16,000 was found, DPS said. Cervantes-Perez was arrested and booked into the Carson County jail on a charge of money laundering, where he is being held without bond.

The above story is from the Amarillo Globe News, and it has me wanting to ask a lot of questions. The first is what law has this man broken besides speeding (a minor offense even in Texas)? How does the possession of cash, even a large amount of it, translate into a charge of money laundering? Since when does giving police the right to search your vehicle also give them the right to take that vehicle apart (taking cover from differential underneath the car)?

First, this sounds a lot like a case of racial profiling. The man was Hispanic, so police figured he had to be a drug dealer. Even if it was true, shouldn't police need more probable cause than seeing a young Hispanic man driving too fast (something nearly everyone does at one time or another). Is racial profiling enough cause to take a car apart? Would it also justify ripping open the seats or taking all the tires off their rims or taking a motor apart (and you know the police don't put anything back together -- even if nothing is found).

I know that the government is currently carrying on a misguided "war on drugs", and losing it badly. But when did it become a criminal act to carry a large amount of cash? There was absolutely no evidence that the cash came from drug profits, since no drugs were found (and I seriously doubt the driver admitted that).

Some of you may say it looked suspicious that the money was hidden. It is not against the law to hide your money. In fact, that is a pretty good idea, especially if you are carrying a large amount, since there are plenty of thieves who would love to take it from you. Also, the possession of a large amount of cash does not mean the money is being "laundered". Maybe the man doesn't trust banks (understandable in this economy) and feels better carrying his money with him.

My point is that there's absolutely no evidence that this man broke any law except for speeding. The police overreacted, both with the search and the arrest. And so did the judge, by refusing to set a bond for the arrestee -- even many murderers get a bond these days, and this was not a violent crime.

This all stems from the fact that police get to keep a big hunk of confiscated drug money, and the law says it is up to the defendant to prove the money was not drug money. If we are going to allow police to keep confiscated money, we should require them to first prove the money was acquired illegally. If they can't, they shouldn't be allowed to keep it.

The confiscated money law is a bad law. It encourages police to abuse their authority and the rights of American citizens in search of riches. How can we claim to live in a free country when the police can stop you and take your money anytime they want to, and there's nothing you can do about it?

We must change this crazy law. It not only unfairly abuses citizens' rights, but has done nothing to stem the flow of drugs into and around our country. The only thing it does is make thieves out of our policemen.