The 8th Circuit Court of Appeals has ruled against Emiliano Gonzolez, an immigrant who has not been charged with or convicted of any crime. He was stopped by a state trooper in Nebraska, driving a rental car, and in possession of some $124,700 in cash.

Officers found no evidence of any crime. However, they’ve decided to keep Gonzolez’s money on the grounds that only criminals would have that much cash, and the Appeals Court agreed. WTF?

Gonzolez’s story — and remember: no evidence has been offered even suggesting it isn’t genuine — is as follows, reported here:

On May 28, 2003, a Nebraska state trooper signaled Gonzolez to pull over his rented Ford Taurus on Interstate 80. The trooper intended to issue a speeding ticket, but noticed the Gonzolez’s name was not on the rental contract. The trooper then proceeded to question Gonzolez — who did not speak English well — and search the car. The trooper found a cooler containing $124,700 in cash, which he confiscated. A trained drug sniffing dog barked at the rental car and the cash. For the police, this was all the evidence needed to establish a drug crime that allows the force to keep the seized money.

Associates of Gonzolez testified in court that they had pooled their life savings to purchase a refrigerated truck to start a produce business. Gonzolez flew on a one-way ticket to Chicago to buy a truck, but it had sold by the time he had arrived. Without a credit card of his own, he had a third-party rent one for him. Gonzolez hid the money in a cooler to keep it from being noticed and stolen. He was scared when the troopers began questioning him about it. There was no evidence disputing Gonzolez’s story.

Yesterday the Eighth Circuit summarily dismissed Gonzolez’s story. It overturned a lower court ruling that had found no evidence of drug activity, stating, “We respectfully disagree and reach a different conclusion… Possession of a large sum of cash is ‘strong evidence’ of a connection to drug activity.”

Got too much money? You’re probably a drug felon. They may not be able to convict you — what with being innocent and all, and what with the wholesale lack of actual evidence — but apparently they get to keep the money anyway. Especially, we figure, if you’re a minority or an immigrant.

Go USA!