Commonwealth v. $13,997

15 Pa. D. & C.4th 590, 1992 Pa. Dist. & Cnty. Dec. LEXIS 278
CourtPennsylvania Court of Common Pleas, Fulton County
DecidedJuly 20, 1992
Docketno. CA-4040-1990
StatusPublished

This text of 15 Pa. D. & C.4th 590 (Commonwealth v. $13,997) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Fulton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. $13,997, 15 Pa. D. & C.4th 590, 1992 Pa. Dist. & Cnty. Dec. LEXIS 278 (Pa. Super. Ct. 1992).

Opinion

KELLER, P.J.,

In Criminal Actions 10 and 11 of 1990, Ronald Dante Cera, hereinafter claimant, filed an omnibus pre-trial motion which inter alia included a Rule 324 motion for return of $13,997 U.S. currency that was seized from him following a traffic stop. On April 20, 1990, the Commonwealth filed a petition for forfeiture and condemnation of the same currency. Claimant filed an answer on February 25, 1992. The Commonwealth’s answer to claimant’s motion for return of seized property was filed July 6, 1990.

Claimant’s motion for return and the Commonwealth’s petition for forfeiture were consolidated and hearing was held April 20,1992. Counsel have submitted proposed findings of fact, discussion and conclusions of law and the matter is now ripe for disposition.

FINDINGS OF FACT

(1) On December 11,1989, Pennsylvania State Troopers Blackburn, Smith and Forre stopped a white Cadillac in Taylor Township, Fulton County, at milepost 174, on the Pennsylvania Turnpike eastbound direction for exceeding the posted speed limit.

(2) Claimant was the owner of the vehicle and a passenger, Ms. Terri Geary was driving.

(3) Claimant was unable to produce the registration card for the Cadillac and began to search through his luggage located in the back seat of the vehicle to search for the registration card.

[592]*592(4) Claimant removed the luggage one piece at a time and opened it on the trunk of the vehicle in the view of Trooper Smith. The first suitcase contained various items of what appeared to be drug paraphernalia.

(5) The second suitcase opened by claimant inter alia contained an overnight shaving kit bag, which contained a large quantity of U.S. currency in $100 bills, $50 bills, $20 bills, $10 bills, $5 bills and $1 bills; later determined to total $13,800 in four different bundles. Also, $197 in cash was taken from his person.

(6) There were 577 bills in the four bundles in the shaving kit, 413 of them were $20 bills, two of the bundles each contained $5,000, the third $3,000 and the fourth $800.

(7) After claimant was placed under arrest the officers seized in addition to the $197 on claimant’s person a paper containing various numbers which claimant admitted were in his handwriting.

(8) A forensic scientist with the Pennsylvania State Police Crime Lab at Greensburg, Pennsylvania, testified at a subsequent criminal trial of claimant and Geary, that he had found residue of cocaine on the drug paraphernalia seized at the time of the traffic stop. Both defendants were convicted of possession of drug paraphernalia and cocaine.

(9) Troopers Blackburn and Smith transported claimant and Geary, together with the seized items, to the McConnellsburg State Police Barracks.

(10) Trooper Smith testified that the toilet kit containing the currency was kept separate from the suitcases and other items taken to the McConnellsburg State Police [593]*593Barracks, and the toilet kit was set aside when they arrived at the barracks.

(11) Trooper Blackburn talked to Cpt. Charles A. McCreary at the Pennsylvania State Police Academy and received instructions on what to do in handling the money until the corporal could arrive with his drug dog. The instructions included that Trooper Blackburn wash his hands before taking the money from Trooper Smith, and placing it in a bag. He would then wash his hands again and then stuff paper napkins in six other bags.

(12) Cpl. McCreary testified that he instructed the officer not to let the cash come into contact with the drugs until the dog arrived to avoid cross contamination. When he arrived at the McConnellsburg State Police Barracks, he observed a quantity of cash on the desk top and instructed Blackburn on how to prepare the packages and then waited 15 minutes to eliminate any human odor.

(13) After the seven identical brown envelopes were laid out along the wall in the hallway, Cpl. McCreary brought the drug dog Baron in and he began checking the envelopes from left to right — he passed the fourth package and then “whipped around to alert to the package,” i.e. bites and scratches it. The fourth envelope contained the currency.

(14) Counsel for claimant stipulated to the qualifications of Cpl. McCreary and the drug dog.

(15) Cpl. McCreary testified that it was possible but improbable that claimant’s pushing the money aside after touching the paraphernalia would have caused the dog to give the alert because Baron gave a strong alert showing a strong odor of narcotics.

[594]*594(16) Cpl. Michael A. Ruda of the Pennsylvania State Police was found to be qualified as an expert in identifying the methods used by individuals in sales of drugs, their record-keeping methods, drug slang and amounts, and the denominations of bills most frequently used.

(17) Cpl. Ruda examined Commonwealth’s exhibit 4, a piece of cardboard with numbers and notes on it taken from claimant’s pocket at the time of his arrest. He testified that Commonwealth exhibit 4 was a record of drug transactions which revealed amounts of drugs and monies involved, and when the amounts of money were totaled it was $13,800 being the exact sum found in claimant’s toilet kit.

(18) Cpl. Ruda also testified that the fact that the majority of the money was in $20 bills and $10 bills was significant because those are the denominations usually used in drug transactions to purchase smaller quantities of cocaine.

(19) Claimant’s mother, Marion Cera, died May 2, 1988, and her last will and testament was admitted to probate in Union County, New Jersey, on May 17, 1988. She bequeathed her entire estate to her sons, Lawrence Cera, Brian Cera and Ronald Cera.

(20) Lawrence Cera was appointed executor of the estate of Marion Cera. The net value of the estate of the decedent was $202,377.95 as reported to the New Jersey Department of the Treasury Division of Taxation.

(21) The executor, Lawrence Cera, produced the following checks evidencing distributions made to claimant from the estate of Marion Cera totaling $3,790:

(a) May 27, 1988 — $1,500 (Defendant’s exhibit 4)

(b) June 17, 1988 — $1,300 (Defendant’s exhibit 5)

[595]*595(c) September 16, 1988 — $990 (Defendant’s exhibit 6)

(22) He also testified that at the time of the sale of his mother’s home, the lawyers handling the settlement distributed one-third of the net proceeds to each brother. He produced check No. 5468 of Dreier & Dreier, attorneys trust account, made payable to Ronald Cera in the amount of $51,095.54 and dated August 11, 1989.

(23) In addition to the total of $54,885.54 distributed by checks as above set forth, the executor testified that he had made cash distributions and believed the total amount of checks and cash distributed to claimant from the estate was about $61,000 to $62,000. He also testified that he did not know what claimant had done with his share of the distributed estate.

(24) Brian Conrad Cera testified that he and claimant had during the time of the administration of their mother’s estate discussed buying real estate in California and Pennsylvania. The plan to purchase a two-family home was dropped and he purchased his own home in October 1989.

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Related

Commonwealth v. Tate
538 A.2d 903 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. Giffin
595 A.2d 101 (Superior Court of Pennsylvania, 1991)
Commonwealth v. Shaffer
288 A.2d 727 (Supreme Court of Pennsylvania, 1972)

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Bluebook (online)
15 Pa. D. & C.4th 590, 1992 Pa. Dist. & Cnty. Dec. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-13997-pactcomplfulton-1992.