State v. Isaac

722 So. 2d 353, 1998 WL 847716
CourtLouisiana Court of Appeal
DecidedDecember 9, 1998
Docket31,277-CA
StatusPublished
Cited by6 cases

This text of 722 So. 2d 353 (State v. Isaac) 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. Isaac, 722 So. 2d 353, 1998 WL 847716 (La. Ct. App. 1998).

Opinion

722 So.2d 353 (1998)

STATE of Louisiana, Plaintiff-Appellee,
v.
Llewellyn Maurice ISAAC, Defendant-Appellant.

No. 31,277-CA.

Court of Appeal of Louisiana, Second Circuit.

December 9, 1998.

*354 Robert W. Sharp, Jr., Ruston, Counsel for Appellant.

Robert W. Levy, District Attorney, A. Scott Killen, Assistant District Attorney, Counsel for Appellee.

Before MARVIN, C.J., and HIGHTOWER and WILLIAMS, JJ.

MARVIN, C.J.

In this civil forfeiture case, Llewellyn Maurice Isaac appeals a judgment forfeiting to the State $19,571 in cash seized as the result of a traffic stop on May 1, 1997 on Interstate 20 in Lincoln Parish. An experienced drug dog of the state police alerted on Isaac's automobile after the stop, but no drugs were found in a comprehensive search, only the cash wrapped in duct tape that was secreted in various parts of the car. Once the cash was seized the drug dog alerted on it at the sheriff's office.

Isaac contends the police had no reasonable grounds for the traffic stop and no probable cause or reasonable suspicion for the warrantless search. Isaac also claims the State failed to prove that the money found in the car is legally subject to forfeiture under La. R.S. 40:2601 et seq.

We affirm.

BURDEN OF PROOF

The State has the initial burden of showing the existence of probable cause for *355 forfeiture of property under the provisions of La. R.S. 40:2601 et seq. State v. Giles, 29,695 (La.App.2d Cir.6/18/97), 697 So.2d 699; State v. Albritton, 610 So.2d 209 (La.App. 3d Cir.1992). 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. Albritton, supra.

Because of the similarity of our law with federal forfeiture law, our courts have considered the federal jurisprudence under which probable cause for forfeiture has been defined as a reasonable ground for belief of guilt, supported by less that prima facie proof but more than mere suspicion, and under which probable cause may be established by demonstrating by some credible evidence the probability that the money was drug-related. Giles, Albritton, supra. The State is not required to trace the money to a particular drug transaction, but may establish probable cause for the forfeiture from the totality of the circumstances, with a common sense view to the realities of normal life. Albritton, 610 So.2d at 213, citing U.S. v. One 1987 Mercedes 560 SEL, 919 F.2d 327 (5th Cir.1990).

TRIAL COURT FINDINGS

The record supports the trial court's written reasons for judgment:

The facts relating to this forfeiture began on May 1, 1997, when Lincoln Parish Sheriff's Deputy Jim Stephens observed Isaac's vehicle proceeding in a westerly direction on Interstate 20. He observed the 1990 Nissan Maxima weave gently on the highway with the result that the vehicle's right tires went onto the fog line. This observation prompted him to follow the vehicle for approximately one mile and a half to two miles during which time he observed the right tires proceed onto the right fog line three more times. Fearing that the driver was impaired, Deputy Stephens stopped the vehicle.
Two persons were in the car, Isaac, the owner and operator of the vehicle, and an eighteen year old passenger, Adrian Pugh ("Pugh"), who was asleep on the right front passenger side. After Isaac produced his driver's license, he was asked to exit the vehicle by Deputy Stephens. Isaac told the deputy that he had been in Mobile at his father's home and was driving back to Texas. He further responded that he was taking Pugh to Texas to help him find a job. When the deputy questioned Pugh, the passenger in the front seat, he properly identified himself but did not mention the aforesaid job hunt.
After a short lapse of time, Deputy Stephens obtained the vehicle registration papers and testified that Isaac had become extremely nervous to the point that the vein in his neck was protruding and clearly revealed his heart rate. A criminal history check revealed arrests of Isaac in Mobile for possession of cocaine, unlawful distribution of a controlled dangerous substance, receiving stolen property, and a weapons charge.
After writing Isaac a warning ticket for improper lane usage, which was admittedly never issued, Deputy Stephens tried to secure permission from Isaac to search his vehicle, but to no avail. Since Isaac did not consent to the search of his vehicle, Deputy Stephens summoned a K-9 unit from Monroe, Louisiana. In response to this request, Trooper Jaubert arrived at the scene with his drug dog and proceeded to ascertain if the dog would exhibit any indication that there were drugs or other narcotics in the car. In fact the K-9 made a positive alert on the trunk of Isaac's vehicle. A search of the trunk revealed a blue duffle bag containing a large quantity of cash separated into two bundles wrapped with grey steel duct tape. A more complete search of the vehicle revealed a grand total of $19,571.00 was located in the trunk, glove compartment, and driver's door side panel. When questioned about the money, Isaac stated that the money was not his and that he did not know who it belonged to. Pugh stated that he did not know anything about the money, and even signed a disclaimer.
As a result of this traffic stop, the Lincoln Parish Sheriff's office seized the currency based on the belief that a connection existed between the money and a violation *356 of narcotics laws. Subsequent thereto, Isaac filed a rule to show cause why the $19,571.00 should not be returned to him and a stipulation of exemption entered.

The trial court concluded that Isaac's deviant driving furnished the deputy with "probable cause" to make the traffic stop. We agree that the deputy acted reasonably for the purpose of ascertaining the condition of the driver. The trial court rejected any argument that Isaac was stopped on a pretextual basis.

The court also found that the aggregate of the facts sufficiently established a connection between the property to be forfeited and a violation of narcotics laws. The trial court noted that Isaac demonstrated extreme nervousness when he was stopped, and that he had a history of arrests for receiving stolen property, a weapons charge, possession of cocaine and unlawful distribution of a controlled dangerous substance. The court emphasized that Isaac did not mention the latter two charges when Deputy Stephens asked him about his arrest record before running a record check. Isaac did not deny or contradict Deputy Stephens' account of his partial disclosure at trial. He simply attempted to explain his response by saying, "[W]hen he asked me what I had been arrested for, if anything ... I was thinking he was meaning convicted."

Another factor noted by the court was the drug dog's positive alert to the trunk where the majority of the money ultimately was found. The court stated that carrying a large sum of cash was an indication the money was related to illegal drug activity, even though no drugs or drug paraphernalia were present. Similarly, the court found that the dog's positive alert for the presence of narcotics on the seized currency itself was evidence of a relation to illegal drug activity.

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Cite This Page — Counsel Stack

Bluebook (online)
722 So. 2d 353, 1998 WL 847716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-isaac-lactapp-1998.