State v. $2,540.00 U.S. Currency Seized from Foster

92 So. 3d 1153, 2012 La. App. LEXIS 657, 2012 WL 1722921
CourtLouisiana Court of Appeal
DecidedMay 16, 2012
DocketNo. 47,127-CA
StatusPublished
Cited by2 cases

This text of 92 So. 3d 1153 (State v. $2,540.00 U.S. Currency Seized from Foster) 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. $2,540.00 U.S. Currency Seized from Foster, 92 So. 3d 1153, 2012 La. App. LEXIS 657, 2012 WL 1722921 (La. Ct. App. 2012).

Opinion

LOLLEY, J.

| ¶Arlandor Foster (a/k/a Orlando Foster) appeals a judgment of the First Judicial District, Parish of Caddo, State of Louisiana, in favor of the State of Louisiana (the “State”) regarding the forfeiture of $2,540.00 found in Foster’s pocket (along with 4 grams of crack cocaine). For the following reasons, we affirm the trial court’s judgment of forfeiture.

Facts

On June 2, 2008, Foster was shot in Shreveport, Louisiana. He was found by Shreveport police, who recovered 4 grams of crack cocaine and $2,540.00 in cash from Foster’s pants pocket. At the time, Foster was the subject of an ongoing drug investigation; thus the items were seized from Foster under the belief that they were drug proceeds, as well as being evidence of a criminal violation. Ultimately, Foster was arrested and charged with Distribution of Schedule II, Controlled Dangerous Substance, a violation of La. R.S. 40:967 A(l).

After the State initiated forfeiture proceedings regarding the currency, it filed an affidavit in application for seizure warrant, claiming that the currency was evidence of the commission of an offense. Based on that, the trial court granted the seizure warrant. Foster was served with the notice of pending forfeiture. Foster filed a timely claim regarding the seized funds, and the State responded by filing an application for order of forfeiture no claims timely filed and corresponding rule to show cause. After a hearing on June 2, 2011, at which Foster was not in attendance, a judgment of forfeiture was entered by the trial court. This appeal by Foster ensued.

1 ^Discussion

On appeal, Foster, appearing pro se, does not advance any formal assignments of error, but argues that the State claimed to “have ... secured approximately four (4) grams of ‘crack’ cocaine, however, this claim has not been substantiated nor has Foster been charged with any crime that would cause his forfeiture of the Currency....” According to Foster, “there has been no substantiation or proof to compel Foster to relinquish his interest in the Currency nor has there been any sufficient evidence provided to cause Foster to be disposed of the Currency for any reason whatever.” Foster submits that the trial court erroneously allowed the forfeiture of his $2,540.00 in currency, and, on appeal, he requests that the funds be released and certified funds be mailed to his Bureau of Prisons inmate account.1 The State main[1155]*1155tains that Foster failed to make a proper claim for the currency and forfeiture was proper. We agree and conclude that the forfeiture was propel’, both substantively and procedurally.

Burden of Proof and Sufficiency of the Evidence

The Controlled Dangerous Substances Property Forfeiture Act (the “Act”) allows law enforcement officials to seize illegal drugs and property constituting the proceeds of any drug-related conduct. La. R.S. 40:2601, et seq. The State has the initial burden of showing the existence of probable cause for forfeiture of property under the provisions of the Act. State v. Isaac, 31,277 (La.App.2d Cir.12/09/98), 722 So.2d 353. The evidence [^admissible for meeting the State’s burden can be the same as that admissible in determining probable cause at a preliminary hearing or by a judge in issuing a search warrant. La. R.S. 40:2611(F); State v. Giles, 29,695 (La.App.2d Cir.06/18/97), 697 So.2d 699. If the State meets this burden, the claimant must show by a preponderance of the evidence that his or her interest in the property is not subject to forfeiture. Id.

Because of the similarity of the Act with the federal forfeiture statutes, Louisiana courts have considered the federal jurisprudence in applying the Act. State v. Johnson, 94-1077 (La.01/16/96), 667 So.2d 510. As we noted previously in Giles:

In the federal system where probable cause for forfeiture is also the relevant inquiry, “probable cause” has been defined as a “reasonable ground for belief of guilt, supported by less than prima facie proof but more than mere suspicion.” “It may be established by demonstrating ‘by some credible evidence, the probability that the money was in fact drug related.’ ” Probable cause can be established by circumstantial evidence or evidence that would be inadmissible at trial, so long as the evidence is reliable. Though this probable cause burden and the permissible evidence required to meet the burden amount to something less than the burden of proof in an ordinary civil proceeding, the United States Fifth Circuit Court of Appeal has recognized that as to the issue of the connexity of the property to the crime, the government’s burden requires “probable cause for belief that a substantial connection exists.” (Citations omitted).

State v. Giles at 704. It is unnecessary for the State to trace the property to a particular drug transaction — it is the totality of the circumstances that leads to a finding of probable cause. State v. Isaac, supra at 355, citing, State v. Albritton, 610 So.2d 209, 213 (La.App. 3rd Cir.1992); United States v. One 1987 Mercedes 560 SEL, 919 F.2d 327 (5th Cir.1990). This evidence goes beyond a mere suspicion. It must be judged not with clinical |4detachment but with a commonsense view to the realities of normal life. State v. Albritton, supra.

Here, the totality of the circumstances indicates that sufficient probable cause for forfeiture existed. Foster was found on a street corner having been shot — obviously not an everyday occurrence and certainly something to raise suspicion. After the crack cocaine and currency were found in his pocket, Foster was arrested and charged with Distribution of Schedule II, Controlled Dangerous Substance, a violation of La. R.S. 40:967 A(l). A sworn affidavit of Agent Shron R. Johnson of the Caddo Parish Sheriffs Office, Caddo-Shreveport Narcotics Unit was filed with the application for seizure warrant. It showed that Agent Johnson had information that Foster was the victim of a shooting, and the currency and crack cocaine had been recovered from Foster. Agent Johnson averred that he was informed [1156]*1156Foster was the subject of an ongoing investigation regarding the distribution of drugs. Finally, we note that the currency found in Foster’s pants pocket (along with the cocaine) is that sort of property which is subject to forfeiture under La. R.S. 40:2603(3), namely “[pjroceeds of any conduct giving rise to forfeiture.” The totality of the circumstances in this case tended to show that probable cause existed for the seizure of the currency.

Since the State established probable cause, the burden shifted to Foster to prove by a preponderance of the evidence that the money came from some other source not drug-related. Foster failed to present any evidence that the currency recovered from his pocket was not subject to | .^forfeiture. So considering, we conclude that the State met its burden in proving that probable cause existed for the forfeiture.

Forfeiture Proceedings

Procedurally, the State met its burden as well. Louisiana R.S. 40:2606(0) states:

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92 So. 3d 1153, 2012 La. App. LEXIS 657, 2012 WL 1722921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-254000-us-currency-seized-from-foster-lactapp-2012.