Idaho Department of Law Enforcement v. $34,000 United States Currency

824 P.2d 142, 121 Idaho 211, 1991 Ida. App. LEXIS 255
CourtIdaho Court of Appeals
DecidedDecember 11, 1991
DocketNo. 18983
StatusPublished
Cited by12 cases

This text of 824 P.2d 142 (Idaho Department of Law Enforcement v. $34,000 United States Currency) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho Department of Law Enforcement v. $34,000 United States Currency, 824 P.2d 142, 121 Idaho 211, 1991 Ida. App. LEXIS 255 (Idaho Ct. App. 1991).

Opinion

WALTERS, Chief Judge.

Ruben Redolfo Rodriguez appeals from a judgment of the district court forfeiting to the state $34,000 seized from Rodriguez’ car. Following a court trial, the forfeiture was granted pursuant to I.C. § 37-2744 on the basis that the money was used in connection with drug transactions. Rodriguez’ arguments on appeal encompass illegal search and seizure, application of an erroneous standard of proof, and the misinterpretation of evidence. We affirm.

Facts

At about midnight on September 26, 1989, Idaho State Police Officer Ronald Pumphrey stopped Rodriguez for speeding on Interstate 15 south of Pocatello. Rodriguez, travelling with his girlfriend in a car rented by an absent third party, was unable to produce a driver’s license or other identification. However, he did tell Officer Pumphrey his name, social security number, birth date, and that he was a resident of Tucson, Arizona. He also produced the car’s rental agreement, which indicated that neither he nor his girlfriend was authorized to drive the car. When Officer Pumphrey radioed for information about Rodriguez, he was told that the Arizona computer was down. He then asked Rodriguez for permission to search the car, which was given. To aid in the search, the officer called for the Bannock County Canine Unit. Shortly thereafter, Deputy Fagnant of the Bannock County Sheriff’s Office arrived with his dog Xavier. Xavier had been specially trained to detect marijuana, cocaine, and heroin by scent. The officers testified that when the dog arrived, Rodriguez withdrew his permission to search the car. Soon, Officer Pumphrey received a radio message from dispatch that the Arizona computer was working again and had responded with the information that Rodriguez’ driver’s license had been suspended in Arizona. Officer Pumphrey arrested Rodriguez for driving without privileges and placed him in the officer’s patrol car.

Because Rodriguez’ girlfriend was not authorized to drive the rental car and it was nighttime, Officer Pumphrey decided to impound the car, using a standard impound and inventory form he began to complete at the scene. At about the same time, Deputy Fagnant walked Xavier around the outside of the car. When the dog approached a corner of the trunk, he “alerted” or became excited as he had been trained to do when detecting drugs. Officer Fagnant then sat Xavier on the ground a few feet behind the rear of the car and let go of the leash so he could help Officer Pumphrey with the inventory of the trunk. When Officer Pumphrey opened the trunk Xavier leapt inside and “indicated” on a black briefcase and a nylon bag. Without disturbing those items, the dog was removed, the trunk was closed, and the car was driven to the Bannock County Sheriff’s office.

A warrant to search the car for controlled substances and other items was obtained. When the trunk and briefcase were opened pursuant to the warrant, $34,-000 in cash was found. Special Agent Phillips, from the Idaho Bureau of Narcotics, testified that the money was arranged in $1,000 bundles of bills of various denominations, which in turn were bundled into three larger units of $10,000 each. He stated that when he opened the nylon bag, he noted a moderate scent of marijuana. However, the search produced no drugs from the car or from any of the containers found within. Earlier searches of Rodriguez and his girlfriend also produced no controlled substances. Nine days after the warrant was executed the police conducted an experiment, dividing the money into four groups and hiding the groups in different locations in an office at the sheriff’s [214]*214station. Xavier detected the money in all four locations.

Assignments of Error

First, Rodriguez claims that the court erroneously admitted the money into evidence because it was illegally seized in that the inventory search was merely a pretext to open the trunk when the dog was present. Second, he asserts that the court should have applied a reasonable doubt standard of proof in the forfeiture proceeding, instead of the preponderance of evidence standard set forth in I.C. § 37-2744. Third, he argues that the court erroneously allowed Special Agent Phillips to render an opinion on the ultimate issue that the money had been used in connection with drug trafficking. Fourth, Rodriguez claims the court erred when it concluded that his adjusted gross income was $25,108 and that the cash he could have on-hand from legitimate sources was much less than that amount. Fifth, he argues that the court erroneously considered a previous marijuana charge from Arizona.

Search and Seizure

Rodriguez claims that his car was searched and his money seized in violation of his fourth amendment rights. He does not dispute the propriety of Officer Pumphrey’s acts of stopping him for speeding and arresting him for driving with a suspended license. However, he argues that impounding the rental car and conducting the inventory search was merely a pretext for giving Xavier, the drug-sniffing dog, access to the trunk. Rodriguez emphasizes that he had revoked his consent to search before the dog was led around the car and to the trunk. He states that Officer Pumphrey did not have probable cause to conduct the search and that without the dog’s help, the officers would not have had sufficient probable cause to support the search warrant which led to the discovery of the money. Because Rodriguez’ assertions present a constitutional question, we will defer to the district court’s factual findings on this matter unless they are clearly erroneous. State v. Shepard, 118 Idaho 121, 795 P.2d 15 (Ct.App.1990). However, we exercise free review over the court’s determination whether the constitutional requirements have been satisfied in light of the facts found. Id.

The fourth amendment to the United States Constitution guarantees that a person will be free from unreasonable searches and seizures. This guarantee includes a reasonable expectation of privacy regarding the interior of one’s automobile. Coolidge v. New Hampshire, 403 U.S. 443, 461-62, 91 S.Ct. 2022, 2035-36, 29 L.Ed.2d 564 (1971). Even though it is a rule grounded in criminal law, the exclusionary rule of the fourth amendment applies to civil forfeiture proceedings. One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 697-98, 85 S.Ct. 1246, 1249, 14 L.Ed.2d 170 (1965); United States v. U.S. Currency, $83,310.78, 851 F.2d 1231, 1234 (9th Cir.1988); Richardson v. $4,543 United States Currency, 120 Idaho 220, 225, 814 P.2d 952, 957 (Ct.App.1991). Property which has been seized in violation of a claimant’s constitutional rights may still be the subject of a forfeiture proceeding. I.N.S. v. Lopez Mendoza, 468 U.S. 1032, 1046-47, 104 S.Ct. 3479, 3487-89, 82 L.Ed.2d 778 (1984). However, any evidence so procured is not admissible in a civil forfeiture action. One 1958 Plymouth Sedan, 380 U.S. at 698, 85 S.Ct. at 1249.

Generally, a car may be impounded for safekeeping when the owner or operator of the car is arrested away from his home. W. LaFave, SEARCH AND SEIZURE, § 7.3(c), p. 85 (2d ed. 1987).

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Bluebook (online)
824 P.2d 142, 121 Idaho 211, 1991 Ida. App. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/idaho-department-of-law-enforcement-v-34000-united-states-currency-idahoctapp-1991.