Court: Confiscated cash came from illegal search

A man who had $167,000 in cash confiscated by law enforcement during a traffic stop near Elko in 2013 won a victory in the 9th Circuit Court of Appeals on Monday with a ruling that found the search of his motor home was unconstitutional.

Straughn Gorman was stopped outside of Wells in January 2013 for a minor traffic infraction by a Nevada Highway Patrol trooper.

The officer believed Gorman might be carrying drug money, and he attempted to summon a drug-sniffing dog. The move prolonged Gorman’s detention for nearly half an hour before Gorman was let go because a reason to search the vehicle was not found.

A sheriff’s deputy with a dog stopped Gorman.

The dog signaled the odor of drugs or drug-tainted currency, which was used to obtain a search warrant. A search found the cash in interior compartments. No criminal charges were brought against Gorman, but the government sought to seize the money through civil forfeiture.

The state turned over the money to the federal government, which pursued the forfeiture under a revenue-sharing program. Gorman challenged the forfeiture, arguing that the stops violated the Fourth Amendment.

He won the case in U.S. District Court. The court ordered the money returned and awarded attorneys fees. The government appealed.

The 9th Circuit panel upheld the lower court, finding that the first stop, because of the unjustified delay, was unconstitutional. Thus, the money obtained as a result of the second stop was tainted, the court panel said.