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Cocaine on 90% of Money

A new study has just concluded that ninety per cent of American currency carries traces of cocaine.  Does that matter?  You bet it does matter to anyone arrested with cash on them, whether they are innocent or guilty of a crime. What every criminal defense lawyer knows, but few of the average citizens know, is that the trace of drugs on money is a law enforcement device to take cash away from citizens and to convict them for criminal offenses.  This is one of the “tools” that law makers have shoveled to “law enforcement” to help fight crime, i.e., take away those impediments to police efficiency, to wit;  the rights of citizens. Of course, if you believe only criminals ever need their Constitutional rights, then you will not care.  And if you ever need your to exercise your any of your rights under the Constitution, you will have no cause to complain when you discover these rights are not waiting for you to pick up at your leisure on the foyer table. U.S. currency has a life of about 20 months.  In that span, bills pick up dirt, food, germs and drugs.  Some currency is used in dope deals or even to use drugs but not all of it.  A bill that goes through a currency counter at the bank can pick up traces if some previous bill carried a trace.  Those bills have fewer traces than others. Some bills were found to have .008 micrograms, which is several thousands of times than a single grain of sand.  Apparently the cocaine binds to the dye in money. But if that trace can be found by scientific means, law enforcement can find it.  And if you had it in your possession, then law enforcement can demand you explain. Routinely, drug teams, highway patrol troopers, and deputy sheriffs seize cash they find in someone’s possession. It the cash is found near drugs, it is legally presumed to be the fruits of illegal drug activity when you file your petition in district court in an effort to regain your money.  No crime need to have been committed nor alleged.  This is a forfeiture action, and the aw enforcement officers’ team gets to keep the money to buy fancy vehicles, etc. Yuegang Zuo, professor of chemistry at the University of Massachusetts at Dartmouth presented his paper at a national meeting of the American Chemical Society showing $5, $10, $20 and $50 bills were more likely to be positive for cocaine than $1 bills.  Drug teams would probably not bother with mere $1 bills anyway. Professor Zuo also found geographic variations in his findings.  Rural areas had less cocaine trace.  One hundred percent of the money from Miami, Boston, and Detroit.  Also, American money had the highest percentage of traces with 90 per cent of 234 bank notes tested.  Canada had 85 per cent, followed by Brazil with 80 per cent.  The lowest percentages were from China with 20 per cent and Japan with 12 per cent. The drug taint should not be a health problem, Health agencies have advised people to wash their hands after touching cash.  Disease-causing organisms such as staphylococcus aureus and pneumonia-causing bacteria have detected on paper bills. A 2002 study published in the Southern Medical Journal, 94 per cent of tested bills had potentially disease causing organisms.  But Adam Negrusz, associate professor of forensic sciences at the University of Illinois at Chicago, said he is not worried about adverse effects on the general health from these drug traces. Professor Negrusz published a study in 1998 with similar findings.  His study compared freshly minted currency with currency collected from circulation in a Chicago suburb.  The study found 92.8 per cent of the circulated money had traces of cocaine, but none of the uncirculated money had any trace.    He noted that while such drug traces are not a general health problem, that they could be a serious problem to anyone who handles a lot of cash. A new study has just concluded that ninety per cent of American currency carries traces of cocaine.  Does that matter?  You bet it does matter to anyone arrested with cash on them, whether they are innocent or guilty of a crime. What every criminal defense lawyer knows, but few of the average citizens know, is that the trace of drugs on money is a law enforcement device to take cash away from citizens and to convict them for criminal offenses.  This is one of the “tools” that law makers have shoveled to “law enforcement” to help fight crime, i.e., take away those impediments to police efficiency, to wit;  the rights of citizens. Of course, if you believe only criminals ever need their Constitutional rights, then you will not care.  And if you ever need your to exercise your any of your rights under the Constitution, you will have no cause to complain when you discover these rights are not waiting for you to pick up at your leisure on the foyer table. U.S. currency has a life of about 20 months.  In that span, bills pick up dirt, food, germs and drugs.  Some currency is used in dope deals or even to use drugs but not all of it.  A bill that goes through a currency counter at the bank can pick up traces if some previous bill carried a trace.  Those bills have fewer traces than others. Some bills were found to have .008 micrograms, which is several thousands of times than a single grain of sand.  Apparently the cocaine binds to the dye in money. But if that trace can be found by scientific means, law enforcement can find it.  And if you had it in your possession, then law enforcement can demand you explain. Routinely, drug teams, highway patrol troopers, and deputy sheriffs seize cash they find in someone’s possession. It the cash is found near drugs, it is legally presumed to be the fruits of illegal drug activity when you file your petition in district court in an effort to regain your money.  No crime need to have been committed nor alleged.  This is a forfeiture action, and the aw enforcement officers’ team gets to keep the money to buy fancy vehicles, etc. Yuegang Zuo, professor of chemistry at the University of Massachusetts at Dartmouth presented his paper at a national meeting of the American Chemical Society showing $5, $10, $20 and $50 bills were more likely to be positive for cocaine than $1 bills.  Drug teams would probably not bother with mere $1 bills anyway. Professor Zuo also found geographic variations in his findings.  Rural areas had less cocaine trace.  One hundred percent of the money from Miami, Boston, and Detroit.  Also, American money had the highest percentage of traces with 90 per cent of 234 bank notes tested.  Canada had 85 per cent, followed by Brazil with 80 per cent.  The lowest percentages were from China with 20 per cent and Japan with 12 per cent. The drug taint should not be a health problem, Health agencies have advised people to wash their hands after touching cash.  Disease-causing organisms such as staphylococcus aureus and pneumonia-causing bacteria have detected on paper bills. A 2002 study published in the Southern Medical Journal, 94 per cent of tested bills had potentially disease causing organisms.  But Adam Negrusz, associate professor of forensic sciences at the University of Illinois at Chicago, said he is not worried about adverse effects on the general health from these drug traces. Professor Negrusz published a study in 1998 with similar findings.  His study compared freshly minted currency with currency collected from circulation in a Chicago suburb.  The study found 92.8 per cent of the circulated money had traces of cocaine, but none of the uncirculated money had any trace.    He noted that while such drug traces are not a general health problem, that they could be a serious problem to anyone who handles a lot of cash.

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Oklahoma Indigent Defense Budget Woes

Posted by Edmond Geary on 12-15-2009

As the economy continues to struggle in Oklahoma, revenues to the state come in at lower levels than last year.  The state must therefore cut expenditures.   All state agencies are now planning a five percent reduction in spending.   Some projects may do worse.

One of these is the Oklahoma Indigent Defense System. It pays for the defense of those accused of crimes who cannot afford their own lawyer.  The Indigent Defense System pays for attorneys and some investigators in separate departments, broken down into cases involving charges of capital crimes and non-capital crimes, and broken down for trials and for appeals for both capital and non-capital.

The capital division, for those charged with cases facing the death penalty, is adequately funded.  Funding for non-capital crimes is less sure.

Capital crimes are probably more certainly funded because any failure in representation in these cases will likely result in a reversal on appeal and the necessity to try cases all over again.   And capital cases are already costly for the state to prosecute due to the courts’ demands for detailed and careful proceedings when such an extreme penalty is at issue.

The Indigent Defense System says it needs $1million more in funding, and the legislature is looking everywhere in its budget for the money.  One pot of money the legislature is now considering shifting the Indigent Defense System is the funding the legislature gives to Legal Aid of Oklahoma.

The state is not required to fund Legal Aid, which provides legal services of a non-criminal nature to those who truly unable to afford legal services.  Legal Aid guidelines are strict and their income level required for someone to be represented is demandingly low. But Legal Aid does have other funding sources, and the legislature is not required to fund Legal Aid.  The legislature is required to fund Indigent Defense, required by the constitution, which could ultimately be enforced by the federal courts.

As criminal defense lawyers well know, attorneys appointed by the Indigent Defense System have a heavy workload.   There are always plenty of people charged with crimes who have no money to pay a lawyer.  But now that workload is increasing.

During the 2009 budget year which ended last June 30, the staff of criminal defense attorneys who work for the indigent defense office handled 39,369 cases.  Estimates are for an increase to approximately 44,100 cases by the end of the 2010 budget year.

The legislature may not get to use the money from Legal Aid for indigent defense, however.  The legislature and the governor agreed earlier this year on the funding levels for indigent defense and Legal Aid, and the governor’s office is sticking with that agreement.  For now, that means the legislature will have to look elsewhere for its $1,000,000 funding shortfall for indigent defense for next year.

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