458 F.3d 822

LAY, Circuit Judge,
dissenting.
I respectfully dissent. Although the circumstantial evidence offered by the government provides some indication that the money seized in this case may be related to criminal activity, I cannot agree that the government has proven, by a preponderance of the evidence, the requisite substantial connection between the currency and a controlled substance offense.
Notwithstanding the fact that claimants seemingly suspicious activities were reasoned away with plausible, and thus presumptively trustworthy, explanations which the government failed to contradict or rebut, I note that no drugs, drug paraphernalia, or drug records were recovered in connection with the seized money. There is no evidence claimants were ever convicted of any drug-related crime, nor is there any indication the manner in which the currency was bundled was indicative of drug use or distribution. At most, the evidence presented suggests the money seized may have been involved in some illegal activity — activity that is incapable of being ascertained on the record before us. See United States v. U.S. Currency, $80,060.00, 39 F.3d 1039, 1044 (9th Cir.1994) (“[A] mere suspicion of illegal activity is not enough to establish ... that the money was connected to drugs.”).
The law of our circuit makes clear that the possession of a large amount of cash provides strong evidence of a connection between the res and illegal drug activity. Yet this fact is not dispositive. A faithful reading of the cases cited by the majority from our court reveal that we have required some additional nexus between the property seized and drug activity to support forfeiture. In United States v. US. Currency, in the Amount of $150,660.00, 980 F.2d 1200 (8th Cir.1992), we recognized such a nexus where the investigating officer immediately smelled marijuana upon inspecting the currency. Id. at 1203, 1206. In United States v. $84.615 in U.S. Currency, 379 F.3d 496 (8th Cir. 2004), we concluded forfeiture was proper where the owner of the seized currency “undisputedly possessed illegal drugs at the time” the currency was discovered. Id. at 502. Most recently, in United States v. $117,920.00 in United States Currency, 413 F.3d 826 (8th Cir.2005), we determined that forfeiture was warranted where materials known to be used to package and conceal drugs were recovered in close physical proximity to the seized currency, and where the investigating officer detected the smell of marijuana on some of these materials. Id. at 829.
Here, the only evidence linking the seized money to illegal drug activity is a canine sniff that alerted officers to the presence of narcotics on the currency itself and the exterior of the rear passenger side of the rental car where the currency was discovered. However, as Justice Souter recently recognized, a large percentage of currency presently in circulation contains trace amounts of narcotics. See Illinois v. Caballes, 543 U.S. 405, 410-12, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005) (Souter, J. dissenting). As a result, this fact is virtually “meaningless and likely quite prejudicial.” United States v. Carr, 25 F.3d 1194, 1216 (3d Cir.1994) (Becker, J., concurring). Our decision in $81,615 in U.S. Currency to afford this evidence only “slight” weight is thus well-founded, and this factor, taken in conjunction with the large amount of currency seized, does not favor forfeiture. Finally, the mere fact that the canine alerted officers to the presence of drug residue in a rental car, no doubt driven by dozens, perhaps scores, of patrons during the course of a given year, coupled with the fact that the alert came from the same location where the currency was discovered, does little to connect the money to a controlled substance offense. Therefore, I respectfully dissent.
. Unlike our decision in U.S. Currency, in the Amount of $150,660.00, the odor of narcotics on the currency seized in this case was not apparent upon inspection, and thus there was no immediate relationship between drugs and the currency which would suggest the currency had recently been involved in a controlled substance offense.

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