United States v. $118,170.00 in U.S. Currency

69 F. App'x 714
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 10, 2003
DocketNo. 01-4104
StatusPublished
Cited by15 cases

This text of 69 F. App'x 714 (United States v. $118,170.00 in U.S. Currency) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $118,170.00 in U.S. Currency, 69 F. App'x 714 (6th Cir. 2003).

Opinion

FACTS AND PROCEDURAL HISTORY

RICHARD MILLS, District Judge.

On March 27, 2000, an Ohio State trooper stopped a vehicle for speeding on the Ohio Turnpike. Claimant-Appellant Terrance Foxworth was driving. The trooper detected the odor of burnt marijuana coming from the interior of the vehicle. When the trooper inquired, the vehicle’s passenger surrendered a small amount of marijuana from his pocket. A second trooper arrived. His drug detection dog, Amoros, checked the vehicle and alerted to the trunk. A search of the trunk revealed a blue laundry bag. Inside the bag, concealed in plastic shopping bags and clothes, was $118,170.00. The trooper seized the Defendant Currency and turned the matter over to the Drug Enforcement Administration (DEA). The DEA initiated administrative forfeiture proceedings and Foxworth submitted a claim to the Currency. The Government filed a motion for summary judgment arguing the Currency was subject to forfeiture and that Fox-worth had failed to refute the Government’s evidence or to present a genuine issue of material fact. The district court granted the Government’s motion. Fox-worth appeals.

GENERAL BACKGROUND

The following shall be subject to forfeiture:

All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance or listed chemical in violation of this subchapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this subchapter.

21 U.S.C. § 881(a)(6). A seizure may be made without a warrant if there is probable cause to believe that the property is subject to forfeiture and the seizure is made pursuant to a lawful arrest or search. 18 U.S.C. § 981(b)(2)(B). A forfeiture action may also be predicated on forfeitable property “which was lawfully seized by a State or local law enforcement agency and transferred to a Federal agency.” 18 U.S.C. § 981(b)(2)(C).

Once property has been seized, “the burden of proof is on the Government to establish, by a preponderance of the evidence, that the property is subject to forfeiture.” 18 U.S.C. § 983(c)(1). The aggregation of facts, each one insufficient on its own, may suffice to meet the government’s burden. United States v. $67,220.00 in U.S. Currency, 957 F.2d 280, 284 (6th Cir.1992) (citation omitted).

ANALYSIS

Defendant argues the motion for summary judgment should not have been granted because: (1) his Fourth Amendment rights were violated when the trunk was searched; (2) the Currency was seized without probable cause; (3) Government [716]*716did not meet its burden by a preponderance of the evidence; (4) the Government did not trace the money to a specific drug transaction; and (5) the district court improperly drew an adverse inference from Foxworth’s assertion of his Fifth Amendment rights.

A. Fourth Amendment

Foxworth first claims that the currency could not be forfeited because the trooper’s search of the car violated his Fourth Amendment rights.

The initial stop was lawful as Fox-worth was speeding. United States v. Townsend, 305 F.3d 537, 541 (6th Cir.2002) (stating that a “police officer may effect a traffic stop of any motorist for any traffic infraction”). “To detain the motorist any longer than is reasonably necessary to issue the traffic citation, however, the officer must have reasonable suspicion that the individual has engaged in more extensive criminal conduct.” Id. The smell of marijuana alone constitutes probable cause to believe that drugs are in the vehicle and will justify searching without a warrant. United States v. Garza, 10 F.3d 1241, 1246 (6th Cir.1993). Not only did the trooper here smell marijuana, he discovered a small amount in the car. Lastly, the drug detection dog alerted to the trunk. The trooper’s search of the trunk was not in violation of the Fourth Amendment.

B. Probable Cause to Seize

Foxworth’s next argument centers around the Government’s right to seize the money. A seizure may be made if there is probable cause to believe that the property is subject to forfeiture. 18 U.S.C. § 981(b)(2)(B). “A lack of probable cause to seize the [property] would permit its return to its owner, but [will] not. by itself, [end] the forfeiture proceedings.” United States v. One 1974 Learjet 24D, Serial Number 24D-290, Mexican Registration XA-RMF, 191 F.3d 668. 673 (6th Cir. 1999). An inquiry into the probable cause to seize the property depends upon the evidence available at the time of seizure and whether the Government was justified in holding the property pending the dis-positive ruling. In other words, the Court must question whether there was an adequate preliminary showing that the property was connected to illegal activity and thus forfeitable. United States v. Real Property Known and Numbered as Rural Route 1, Box 137-B, Cutler. Ohio, 24 F.3d 845, 850 (6th Cir.1994).

Here, the district court relied on the facts of the traffic stop to find probable cause: the presence of marijuana; the alert to the trunk by Amoros the dog; and, the large amount of money found in Fox-worth’s trunk.

Foxworth claims probable cause was not established because there was only a small amount of drugs found in Foxworth’s car and because it was produced by the passenger, rather than by Foxworth himself. Finding only small amounts of contraband does not preclude seizure. As for Amoros’ reaction, courts have historically found that a drug dog’s positive reaction to money is “strong evidence of [its] connection to drugs.” $67,220.00 in U.S. Currency, 957 F.2d at 285. More recently, courts have been reluctant “to rely too heavily upon drug detection dog alerts to contaminated money because of evidence that there is widespread contamination of currency in circulation in certain areas of the country.” United States v. $22,474.00 in U.S. Currency, 246 F.3d 1212, 1216 (9th Cir.2001). As a result, when there is no evidence indicating the dog’s reliability, the dog’s alert is “probative but weak.” $67,220 in U.S. Currency, 957 F.2d at 286.

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69 F. App'x 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-11817000-in-us-currency-ca6-2003.