Scenario: Trooper pulls over suspect for drunk driving and eventually arrests him for DWI. Suspect has no ID, but tells Trooper the name of the gin where he works. When they get back to the station, Trooper calls the gin and they fax him a copy of suspects ID and SS cards. When they arrive, suspect tells officer that they are fakes, that he bought them for $150.00 in a neighboring town, and that he has been using them to work in the US. He also tells Trooper that all the money he has on his person (about $900) was made by using the fake cards (cards have a totally different name than the suspect's real name).
Forfeiture law defines contraband as property used in the commission of, or proceeds from, any felony under Ch. 32 of the penal code- which includes fraudulent use or possession of identifying information.
Trooper comes to court and testifies to all the above at a default judgment hearing last week, but the default is denied because the judge, "think[s] it's too much of a stretch."
Has anyone tried to do something like this before?
If so, do you have any cases on which you relied?
I am trying to put together a motion for rehearing, but I would like something to lean on.

Oops. I had the wrong pair of glasses on, and I thought we were talking about illegal alien earrings.