In Re Forfeiture of $171,900

711 So. 2d 1269, 1998 WL 251213
CourtDistrict Court of Appeal of Florida
DecidedMay 20, 1998
Docket97-2574
StatusPublished
Cited by12 cases

This text of 711 So. 2d 1269 (In Re Forfeiture of $171,900) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Forfeiture of $171,900, 711 So. 2d 1269, 1998 WL 251213 (Fla. Ct. App. 1998).

Opinion

711 So.2d 1269 (1998)

In re FORFEITURE OF ONE HUNDRED SEVENTY-ONE THOUSAND NINE HUNDRED DOLLARS ($171,900) IN UNITED STATES CURRENCY.

No. 97-2574.

District Court of Appeal of Florida, Third District.

May 20, 1998.

*1271 Alfred Aronovitz, Miami, for appellants Ana Carmen Ledezma de Campero, Marina Castro de Ledezma, and Lecam Associados, S.R.L.

Judith E. Secher, for appellee Metro-Dade Police Department.

Before NESBITT, GREEN and FLETCHER, JJ.

NESBITT, Judge.

This civil forfeiture action arose after the Metro-Dade Police Department seized one hundred seventy-one thousand nine hundred dollars ($171,900) in U.S. currency from Marina Castro de Ledezma (Ledezma) at the Miami International Airport (MIA), pursuant to a random United States Customs (Customs) border search. Ledezma, stopped as she was about to board an international flight bound for Bolivia, was allegedly carrying the currency for Lecam Asociados (Lecam) on behalf of Ana Carmen Ledezma de Campero (Campero). Ledezma, Campero and Lecam will hereafter be collectively referred to as "Claimants" and are the appellants here. Claimants appeal the trial court's determination following an adversarial preliminary hearing that Metro-Dade Police had probable cause to pursue this forfeiture action against the Claimants, pursuant to the Florida Contraband Forfeiture Act.[1] We affirm.

Ledezma was stopped with a carry-on bag full of U.S. currency at MIA by Customs officers just prior to her boarding a flight to Bolivia. Ledezma was questioned about the currency by Customs officers and by Metro-Dade *1272 Police Detective Pedro Fernandez, who is also a duly authorized Customs officer.[2] She asserted that she was a courier for Lecam and that the currency represented proceeds from the sale of gold brought from Bolivia to Republic Metals, a metal refinery in Dade County. Ledezma produced a Customs Form 4790 declaring that she was departing the United States with the currency. Unsatisfied with Ledezma's explanation regarding the currency, Fernandez and other Customs officers asked Ledezma if she was licensed to transmit currency; Ledezma admitted that neither she nor Lecam nor Campero had a money transmitter's license, as required by section 560.122, Florida Statutes (1995)(Chapter 560 is the Money Transmitters' Code).[3]

Customs seized the currency and turned it over to Metro-Dade Police for forfeiture proceedings pursuant to state law. Metro-Dade Police filed a Complaint/Petition for Judgment of Forfeiture against the Claimants, alleging that the currency constituted contraband under the Florida Contraband Forfeiture Act, in that the currency represented narcotics proceeds or the proceeds of some other criminal activity—i.e., money laundering. The Complaint/Petition also asserted that Ledezma was carrying currency without a license, a felony violation of section 560.125, Florida Statutes (1995).

The Claimants' primary assertions in this appeal are (1) that there was no probable cause to stop Ledezma nor to seize the currency; and (2) that there was no probable cause to support forfeiture of the currency. We disagree on both points, and will address them separately.

Probable Cause to Stop Ledezma at MIA and to Seize Currency.

We find that the stop of Ledezma at MIA was a valid, authorized Customs border search and that the seizure of the currency was a valid seizure pursuant to that search. Border searches are exceptions to the Fourth Amendment's protection against warrantless searches; no warrant is required to conduct a border search. See United States v. Ramsey, 431 U.S. 606, 616, 97 S.Ct. 1972, 52 L.Ed.2d 617 (1977).[4] It is permissible to conduct a border search without probable cause and even without reasonable suspicion or any individualized suspicion, so long as the search is a routine search[5] and is conducted in a "reasonable" manner. See United States v. Oriakhi, 57 F.3d 1290, 1295-96 (4th Cir.1995); United States v. Berisha, 925 F.2d 791, 793 (5th Cir.1991) (routine border searches do not require reasonable suspicion); United States v. Braks, 842 F.2d 509, 514-15 (1st Cir.1988) (not even "mere suspicion" is required). An international airport is considered the functional equivalent of an international border. See Almeida-Sanchez v. United States, 413 U.S. 266, 272-73, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973); United States v. Klein, 592 F.2d 909, 911 n. 1 (5th Cir.1979) ("it is indisputable that the customs area at the Miami International Airport is ... the functional equivalent of the border"); United States v. Himmelwright, 551 F.2d 991, 993 (5th Cir.1977)(no articulable suspicion needed for customs search at Miami International Airport). Searches of departing (as well as arriving) passengers and packages at an international airport are permissible border searches. See United States v. Ezeiruaku, 936 F.2d 136, 140-41 (3d Cir.1991) (routine outbound border search falls within border search exception; no reasonable suspicion needed to justify it); Berisha, 925 F.2d at 795 (same); United States v. Benevento, 836 F.2d 60, 68 (2d Cir.1987).

*1273 One of the primary responsibilities of the United States Customs Service is to conduct border searches for the purpose of enforcing various U.S. laws, including narcotics interdiction laws, currency reporting requirements and laws prohibiting the illegal export of U.S. currency. Federal law authorizes warrantless border searches by Customs officers:

[A] Customs officer may stop and search, at the border without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States.

31 U.S.C. § 5317(b). As Detective Fernandez was a duly authorized Customs officer, Fernandez was authorized by 31 U.S.C. § 5317(b) to conduct the border stop and search of Ledezma in the instant case. Ledezma was certainly "at the border"—at MIA—waiting to board a plane outbound from the United States to Bolivia. Probable cause was not needed to conduct the stop; in fact, no reason at all was needed. In 1986, Congress removed the "reasonable cause" requirement from 31 U.S.C. § 5317, thereby intending to authorize border searches without probable cause, to the full extent permitted by the Constitution. See Oriakhi, 57 F.3d at 1295 n. 1; Benevento, 836 F.2d at 68 n. 1.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

David Gee, Sheriff of Hillsborough County v. Grantland
203 So. 3d 992 (District Court of Appeal of Florida, 2016)
Miami-Dade County v. Forfeiture of $26,474.00 in U.S. Currency
172 So. 3d 455 (District Court of Appeal of Florida, 2015)
Ospina Garrido v. Miami-Dade Police Department
170 So. 3d 810 (District Court of Appeal of Florida, 2015)
Eslinger v. Martinez
969 So. 2d 1191 (District Court of Appeal of Florida, 2007)
Alvarez v. City of Hialeah
900 So. 2d 761 (District Court of Appeal of Florida, 2005)
United States v. $242,484.00
389 F.3d 1149 (Eleventh Circuit, 2004)
Town of Oakland v. Mercer
851 So. 2d 266 (District Court of Appeal of Florida, 2003)
NVC Technology, Inc. v. Hunter
799 So. 2d 221 (District Court of Appeal of Florida, 2001)
STATE, DEPT. OF HIGHWAY SAFETY v. Jones
780 So. 2d 949 (District Court of Appeal of Florida, 2001)
Arango v. FORFEITURE OF $477,890
731 So. 2d 847 (District Court of Appeal of Florida, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
711 So. 2d 1269, 1998 WL 251213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-forfeiture-of-171900-fladistctapp-1998.