State v. 2003 Infiniti G35 VIN JNKCV51E93MO24167

27 So. 3d 824, 2010 La. LEXIS 9, 2010 WL 175342
CourtSupreme Court of Louisiana
DecidedJanuary 20, 2010
Docket2009-CC-1193
StatusPublished
Cited by15 cases

This text of 27 So. 3d 824 (State v. 2003 Infiniti G35 VIN JNKCV51E93MO24167) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. 2003 Infiniti G35 VIN JNKCV51E93MO24167, 27 So. 3d 824, 2010 La. LEXIS 9, 2010 WL 175342 (La. 2010).

Opinion

CLARK, Justice. *

hWe granted a writ in this forfeiture proceeding to determine whether the courts below erred in their interpretation of La. R.S. 40:2610, a section of the Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989. This legislation established the requirements for an owner of, or interest holder in, seized property to file a claim with the appropriate seizing agency and district attorney to protect his alleged interest. For the following reasons, we reverse the district court’s ruling and remand the matter to the district court for proceedings consistent with the opinion below.

*826 FACTS AND PROCEDURAL HISTORY

On April 16, 2008, the Lafourche Parish Drug Task Force (“Task Force”) seized the 2003 Infiniti G35 VIN # JNKCV51E93MO (“Infiniti”) at issue here from Kristofor Rebstock (“Reb-stock”). 1 Judge John E. LeBlanc of the Louisiana District Court for the Seventeenth Judicial District signed a warrant of seizure, finding probable cause that the Infiniti was subject to forfeiture based on the averred facts in a Task Force agent’s supporting affidavit.

According to the affiant, agents of the Task Force conducted surveillance of Reb-stock’s residence for several months prior to the seizure date, due to suspicions |2of Rebstock’s upper-level involvement in a methamphetamine distribution ring operating within the parish. The agents conducted undercover purchases of methamphetamine from Rebstock, during which agents observed Rebstock leaving his residence in the Infiniti, driving to a shed located on a different street from his residence, remaining at the shed for a brief period of time, and then returning to his residence in the Infiniti shortly before the undercover transactions occurred. Based on the information provided by a cooperating defendant and a confidential informant, the Task Force agents believed that Reb-stock used the shed as a storage unit for methamphetamine. When the agents executed a search warrant of Rebstock’s residence, Rebstock himself confirmed this information by admitting to an agent that he used the Infiniti to transport methamphetamine from the shed to his residence. Furthermore, the agents received information from a documented confidential informant with the Louisiana State Police Department both that Rebstock had used the cash proceeds from the illegal sale of methamphetamine to purchase the Infiniti and that the Infiniti contained secret compartments that Rebstock used to hide the methamphetamines, the latter of which was confirmed by the agents during an inspection of the vehicle.

On the same day as the seizure, May 16, 2008, and in order to commence the forfeiture proceeding, the State served Reb-stock with a Notice of Pending Forfeiture. The Notice of Pending Forfeiture advised Rebstock of the conduct giving rise to the forfeiture of the Infiniti, which included, inter alia: (1) an explanation of not only how the Task Force observed Rebstock using the Infiniti to transport methamphetamine for eventual distribution, but also how the Infiniti was confirmed to have been equipped with aftermarket, hidden compartments to conceal this activity; (2) an account of Rebstock’s confession confirming his use of the Infiniti in transporting methamphetamines for distribution; and (3) a description of why the State believed that the Infiniti was purchased with cash proceeds from the sale of 13methamphetamines. The State additionally informed Rebstock of the procedure to preserve any right that he may have in the Infiniti, and of the resulting consequences if such steps were not taken.

In response, Rebstock mailed what he captioned a “Notice of Claim” to both the Task Force and the district attorney. Within this document, Rebstock averred that he was the owner of the Infiniti and objected to any forfeiture proceeding for the following reasons:

1) my property has been unconstitutionally seized and specifically avers that La. *827 R.S. 40:2601-2622 is unconstitutional under the 4th, 5th, and 14th Amendments to the United States Constitution and the laws and Constitution of the State of Louisiana; and alternatively, that the State of Louisiana has failed to comply with the provisions of La. R.S. 40:2601-2622; 2) that the seizure of the vehicle in question was without legal consent and in violation of the United States Constitution and the Constitution of the State of Louisiana; and 3) that the assets in question were not “used or intended to be used in any manner to facilitate conduct giving rise to forfeiture” pursuant to La. R.S. 40:2604; 4) claimant contends said assets are exempt from forfeiture under the provisions of La. R.S. 40:2605; and alternatively, 5) the provisions of La. R.S. 40:2605 are ambiguous and irreconcilable thereby rendering the entire forfeiture provisions of La. R.S. 40:2601-2622 unconstitutional. 2

Rebstock further averred that “the automobile in question was acquired by claimant on or about 2007 act of exchange [sic] with a third party whereby claimant traded his Cheveronet [sic] Camaro for this vehicle with no additional cash being exchanged” and that “the vehicle was not used in any manner to facilitate conduct giving rise to forfeiture, contrary to the allegations made by law enforcement.” 3

On June 20, 2008, the State filed a motion to strike Rebstock’s Notice of Claim. The State also filed a rule to show cause why the State’s motion to strike claim should not be granted and why a judgment of forfeiture in favor of the State should not be granted. In support, the State submitted the warrant of seizure, the affidavit from the Task Force agent in support of the seizure warrant application, the Notice of Pending Forfeiture, and Reb-stoek’s Notice of Claim.

|4A hearing was held on the State’s rule to show cause before Judge Walter Lanier, III, a different judge than the one who signed the warrant of seizure. At the hearing, the State argued that Rebstock’s Notice of Claim was invalid for failing to aver the specific factual basis supporting each assertion required by La. R.S. 40:2610. Rebstock contended that his Notice of Claim was valid because it contained general factual assertions and a general denial of the State’s allegations of conduct giving rise to forfeiture, sufficient to put the State on notice that Rebstock intended to contest the forfeiture of the Infiniti. Judge Lanier agreed with Reb-stock, holding that the inclusion of a general denial and general factual assertions were sufficient to qualify as a valid claim. Judge Lanier, therefore, denied the State’s motion to strike the claim and the rule to show cause.

The State then applied for a supervisory writ to the Louisiana Court of Appeal for the First Circuit. A five-judge panel considered the writ application, and a three-judge majority denied it, stating that the matter was not appropriate for the exercise of supervisory jurisdiction.- The two dissenting judges, however, would have granted the writ application and reversed the district court’s ruling on the ground that Rebstock’s Notice of Claim failed to provide the specific factual and legal aver-ments required by statute.

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

Related

State v. $29,940.00 in U.S. Currency
227 So. 3d 304 (Louisiana Court of Appeal, 2017)
State v. Marino
193 So. 3d 371 (Louisiana Court of Appeal, 2016)
State v. Chisholm
191 So. 3d 1161 (Louisiana Court of Appeal, 2016)
State v. Holt
162 So. 3d 549 (Louisiana Court of Appeal, 2015)
State v. Watson
151 So. 3d 120 (Louisiana Court of Appeal, 2014)
State v. $144,320.00 Tina Beers
105 So. 3d 694 (Supreme Court of Louisiana, 2012)
State v. 2002 Chevrolet Trail Blazer
91 So. 3d 487 (Louisiana Court of Appeal, 2012)
State v. $35,453.00 U.S. Currency
43 So. 3d 962 (Louisiana Court of Appeal, 2010)
State v. Property Seized From Terrance Martin
37 So. 3d 1021 (Louisiana Court of Appeal, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
27 So. 3d 824, 2010 La. LEXIS 9, 2010 WL 175342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-2003-infiniti-g35-vin-jnkcv51e93mo24167-la-2010.