State v. $144,320.00

84 So. 3d 768, 11 La.App. 3 Cir. 1137, 2012 WL 280692, 2012 La. App. LEXIS 130
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2012
DocketNo. CA 11-1137
StatusPublished

This text of 84 So. 3d 768 (State v. $144,320.00) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. $144,320.00, 84 So. 3d 768, 11 La.App. 3 Cir. 1137, 2012 WL 280692, 2012 La. App. LEXIS 130 (La. Ct. App. 2012).

Opinions

EZELL, Judge.

| tTina and Brittany Beers appeal the forfeiture of $144,320.00 seized from Tina Beers during a routine traffic stop, alleging the seizure was made without probable cause. For the following reasons, we agree and reverse the decision of the trial court.

The facts of this case were set out by this court in a prior decision, State v. $144,320.00 U.S. Currency, 09-954, pp. 1-2 (La.App. 3 Cir. 2/3/10), 29 So.3d 1266, 1266-67, writ denied, 10-821 (La.6/18/10), 38 So.3d 324 (footnote omitted).

On January 10, 2009, Trooper Troy Dupuis of the Louisiana State Police stopped a vehicle driven by Tina Beers for a traffic violation in St. Martin Parish, Louisiana. Tina Beers consented to a search of the vehicle. As a result of the search, the police located nine bundles of cash totaling $144,320.00 which [770]*770was hidden in a compartment in the floor of the vehicle. A police dog performed a “narcotics sniff’ on the money and was alerted by the scent of narcotics on the money.
Tina Beers, after being advised of her rights, waived her rights and proceeded to answer questions posed by the police. She admitted that she was the owner of the vehicle; however, she stated that the money was not hers, and she denied having knowledge of the presence of the money in the vehicle. At that time, Tina Beers signed a Disclaimer of Ownership of Currency of Property wherein she stated that she was not the owner of the $144,320.00. The money was then seized by the state police.
On January 13, 2009, the State filed an Application for Warrant of Seizure for Forfeiture, a Letter of Designation which authorized the Louisiana State Police to seize the money and hold it subject to the forfeiture proceedings, and a Notice of Pending Forfeiture. On that same date, the trial court signed the accompanying Warrant of Seizure for Forfeiture. The Notice of Pending Forfeiture contains the service information reflecting personal service on Tina Beers on January 10, 2009. This service information is derived from the Disclaimer of Ownership of Currency of Property which was filed into the record of these proceedings and specifically states that Tina Beers waived notice of seizure and forfeiture on January 10, 2009, when she was stopped by Trooper Dupuis.
Tina Beers and Brittany Beers filed a Motion for Probable Cause Hearing Regarding Pending Notice of Forfeiture and for Release of Seized Property on January 22, 2009, asserting their ownership of the $144,320.00. The State filed a Motion to Strike | ydaim on February 19, 2009. These two motions came before the trial court on April 8, 2009, at which time the trial court took the matter under advisement. The trial court rendered Reasons for Judgment on May 7, 2009, in favor of Tina Beers.

This court went on to reverse that ruling, finding that Tina Beers had not only waived any right she may have had to notice of forfeiture proceedings, but that she obviously had also received such notice, as evidenced by her claim for the return of the money. We remanded the case to the trial court for the a determination as to whether probable cause existed for the seizure. Despite the fact that no illegal narcotics were found in the vehicle at the stop, there was no information that the seized currency was intended for drug-related use, or the fact that Tina Beers was never charged with or even alleged to have committed any drug-related crime, the trial court found that there was probable cause for the forfeiture of the cash simply because a prior magistrate had signed a warrant for the money’s seizure. From that decision, Tina and Brittany Beers appeal.

The Beers assert three assignments of error on appeal. They claim that the trial court erred in ruling probable cause existed for the seizure; that the trial court erred in striking the affidavit of Brittany Beers; and that the trial court erred in failing to grant Brittany Beers’ exception of lack of service. Because we agree with the Beers’ first assignment of error, we need not address them all.

Louisiana Revised Statutes 40:2603 states:

Any of the following conduct gives rise to forfeiture:
(1) An act or omission punishable by confinement for more than one year under R.S. 40:961 et seq. whether or not [771]*771there is a prosecution or conviction related to the act or omission.
(2) An act or omission occurring outside this state, which would be subject to prosecution in the place of occurrence and would be described in Paragraph (1) of this Section if the act or omission occurred in this state, whether or not it is prosecuted in any state.
U(3) Any act or omission committed in furtherance of any violation of R.S. 40:961 et seq. which is punishable by confinement with or without hard labor, including any inchoate or preparatory offense, regardless of whether there is a prosecution or conviction related to the act or omission.

Louisiana Revised Statutes 40:2604 goes on' to state, in pertinent part:

The following property is subject to seizure and forfeiture as contraband, derivative contraband, or property related to contraband under the provision of Section 4 of Article I of the Constitution of Louisiana:
(2) All property that is either:
(a) Furnished or intended to be furnished by any person in exchange for a controlled substance in violation of R.S. 40:961 et seq.
(b) Used or intended to be used in any manner to facilitate conduct giving rise to forfeiture, provided that a conveyance subject to forfeiture solely in connection with conduct in violation of R.S. 40:961 et seq. may be forfeited only pursuant to the provisions of this Chapter.
(3) Proceeds of any conduct giving rise to forfeiture.

In State v. Gauthier, 02-1227, p. 3 (La.App. 3 Cir. 4/17/03), 854 So.2d 910, 912, this court noted:

The initial burden in civil forfeiture proceedings is on the State to show probable cause for the forfeiture. La. R.S. 40:2612(G); State v. $29,177.00 U.S. Currency, 93-592 (La.App. 3 Cir. 2/2/94), 638 So.2d 653, writ denied, 94-1955 (La.10/28/94), 644 So.2d 378; State v. Cash Totalling [sic] $15,156.00, 623 So.2d 114 (La.App. 1 Cir.), writ denied, 629 So.2d 401 (La.1993). To support a finding that probable cause exists for forfeiture of property, the evidence presented by the State must be sufficient to form a reasonable ground for the belief that the property was connected with illegal drug transactions. State v. Cash Totalling [sic] $15,156.00, 623 So.2d 114. While the ultimate determination of probable cause is a legal question; the findings of fact which lead to a probable cause determination are subject to the manifestly erroneous-clearly wrong standard. State v. $29,177.00 U.S. Currency, 638 So.2d at 653 (on rehearing). Thus, much deference must be given to the factual findings of the trial court as long as a review of the record as a whole shows those findings were reasonably supported. Id.

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Related

State v. $144,320.00 U.S. Currency
29 So. 3d 1266 (Louisiana Court of Appeal, 2010)
State v. Gauthier
854 So. 2d 910 (Louisiana Court of Appeal, 2003)
State v. Cash Totalling $15,156.00
623 So. 2d 114 (Louisiana Court of Appeal, 1993)
State v. $29,177.00 U.S. Currency
638 So. 2d 653 (Louisiana Court of Appeal, 1994)

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Bluebook (online)
84 So. 3d 768, 11 La.App. 3 Cir. 1137, 2012 WL 280692, 2012 La. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-14432000-lactapp-2012.