In re Forfeiture of $19,250

530 N.W.2d 759, 209 Mich. App. 20
CourtMichigan Court of Appeals
DecidedFebruary 21, 1995
DocketDocket No. 145591
StatusPublished
Cited by19 cases

This text of 530 N.W.2d 759 (In re Forfeiture of $19,250) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals 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 $19,250, 530 N.W.2d 759, 209 Mich. App. 20 (Mich. Ct. App. 1995).

Opinion

L. V. Bucci, J.

Olena Smith (hereafter claimant) appeals as of right from an order forfeiting $19,-250. We affirm.

The forfeited money was seized from Derrick Smith and Patricia Rose Daniels at Detroit Metropolitan Airport on April 2, 1987. Derrick Smith is the son of claimant. Patricia Rose Daniels was Derrick Smith’s girl friend.

When Derrick Smith and Daniels arrived at the airport, they checked their bags in for their flight but were told that their bags might not make the flight because the bags were unusually heavy. They left the bags with the airline and then purchased tickets with cash for another flight to Los Angeles. When purchasing the tickets, Daniels showed identification that indicated her name was Joni Smith Talbert. Derrick Smith’s sister’s name is Joni Talbert. Smith’s ticket was purchased in the name of Anthony Fleming.

The Wayne County Sheriff’s Department was notified of Smith and Daniels’ activities at the airport and officers observed that Daniels went into the restroom. When she came out, an officer saw her place something into Smith’s right hand. Sheriff’s deputies approached the pair. Smith identified himself as Dwayne Richards and Daniels identified herself as Joni Talbert. Smith and Dan[23]*23iels consented to be searched and the officers found a white container labeled "quinine” and a mortar and pestle in Smith’s right jacket pocket. The officers testified at trial that quinine is a known mixer for heroin and that a mortar and pestle can be used to mix heroin and quinine together. The officers also found $19,250 in cash. Most of the cash was wrapped in a plastic bag in Daniels’ purse. The police also found drugs that were in containers that did not have valid prescriptions.

Smith and Daniels were told they were free to leave but the cash was retained. Later, the deputies tested the cash with a police dog trained to detect the scent of drugs. The dog reacted positively to the cash, indicating that it had been close to or had touched narcotics.

Derrick Smith and Daniels subsequently were observed at the airport by deputies on two separate occasions. On one of these occasions, the deputies seized 816 pills containing Dilaudid, a synthetic form of heroin. Testimony was presented that the street value of the Dilaudid was over $30,000.

In early July 1987, the Wayne County Prosecutor’s Office filed a complaint for an order of forfeiture of the currency. The complaint named Derrick Smith and Joni Smith Talbert. Daniels filed an answer under the name of Joni Smith Talbert. In the answer she claimed that Derrick Smith was her brother. Daniels claimed the money came from the estate of Callener McKinney, allegedly her grandmother. When the answer was filed, Daniels was represented by James D. O’Connell, the attorney currently representing claimant.

At a pretrial conference held on September 11, 1987, Daniels testified that her name was Joni Talbert. The prosecutor indicated Daniels was represented by O’Connell and that he had supplied [24]*24O’Connell with a set of'interrogatories on July 7, 1987, but had not received a reply. Daniels testified that she had never been contacted by Mr. O’Connell. Derrick Smith was present and indicated that he was Talbert’s brother. Daniels told the court that the money seized by the sheriffs deputies on April 2, 1987, was their mother’s. Because Daniels admitted that she did not have an interest in the money, the lower court granted summary judgment, finding that she was not a proper claimant.

Approximately ten days later, O’Connell filed a motion to set aside summary disposition along with an application to intervene on behalf of claimant, which were both denied. In the application to intervene, claimant contended that she had legitimately obtained the money and had entrusted it to her daughter, Joni Smith Talbert, on or about April 2, 1987, for making repairs to a house in California. Claimant further asserted that she learned during the week of September 14, 1987, that the money she had entrusted to her daughter, Joni Smith Talbert, had been seized and was subject to forfeiture.

In an opinion dated April 27, 1989, this Court, acting under the impression that Daniels was the daughter of claimant, reversed the trial court’s order granting summary disposition against Daniels and the order denying claimant’s motion to intervene.

Following remand, the lower court conducted a bench trial. The prosecution presented the testimony of Derrick Smith, who admitted that he used many aliases. He also admitted that the pills and the mortar and pestle that were seized at the airport were his. However, Smith claimed that he had a prescription for the pills and used the mortar and pestle to crush his medicine because [25]*25he had trouble swallowing pills. Smith admitted that the pills were not in containers with valid prescriptions but claimed that Daniels must have put the pills in another container. Daniels was not present at the trial and Smith did not know her whereabouts.

Smith claimed that his mother had approximately $20,000 in life savings in a small unlocked metal box in her house. Smith testified that he took the money without his mother’s consent to fix a house in Los Angeles his mother had inherited.

Police officers then testified regarding the seizure of the money and their contacts with Smith and Daniels at the airport. Officers testified that Los Angeles was a "drug source” city and Detroit was a "demand” city. They further testified that Smith and Daniels appeared to be acting as drug couriers.

Claimant testified that she had retired from Chrysler Corporation and that the cash seized at the airport was her life savings. She claimed that although she had a bank account, she kept the cash in a small unlocked metal box in her house. She further claimed that she noticed that the cash was missing shortly after her son, Derrick Smith, visited her in April 1987. She asked a few family members about the money and came to the conclusion that Derrick had taken it. She claimed that she first talked about this matter with Derrick while the forfeiture proceedings were pending. She claimed that she had discussed fixing the house in Los Angeles with Derrick and said that she would have given him the money to do so.

At the conclusion of the trial, the lower court concluded that the cash was subject to forfeiture. The lower court correctly noted the primary issue in this case was credibility. In its findings of fact, the trial court concluded that the testimony pre[26]*26sented by the claimant was not truthful. The lower court believed that the cash was used for drug trafficking and that the original claimant, Daniels, was the party to whom the money actually belonged. The lower court felt there was an effort to try to put a person with some modicum of legitimacy by way of employment before the court to establish a third-party claim.

On appeal, claimant first argues that the cash must be returned to her because the state failed to comply with the notice requirement set forth in the forfeiture statute. The forfeiture proceedings were conducted pursuant to the controlled substances act, MCL 333.7101 et seq.; MSA 14.15(7101) et seq. If property with a value that does not exceed $50,000 is seized pursuant to the act, the local unit of government that seized the property is required to give notice to the owner of the property:

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Cite This Page — Counsel Stack

Bluebook (online)
530 N.W.2d 759, 209 Mich. App. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-forfeiture-of-19250-michctapp-1995.