United States v. $15,795.00 In U.S. Currency

197 F. Supp. 3d 827, 2016 U.S. Dist. LEXIS 77767, 2016 WL 3351015
CourtDistrict Court, M.D. North Carolina
DecidedJune 15, 2016
Docket1:15CV614
StatusPublished
Cited by2 cases

This text of 197 F. Supp. 3d 827 (United States v. $15,795.00 In U.S. Currency) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $15,795.00 In U.S. Currency, 197 F. Supp. 3d 827, 2016 U.S. Dist. LEXIS 77767, 2016 WL 3351015 (M.D.N.C. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

N. Carlton Tilley, Jr., Senior United States District Judge

This matter is before the Court on Plaintiffs Motion for Summary Judgment [Doc. # 18]. Plaintiff United States of America (“the Government”) argues that Claimant Michael Anthony Shontia Howze cannot controvert its case nor carry his burden of showing that he is an innocent owner of the defendant currency (Mem. in Supp. of Gov’t’s Mot. for Summ. J. at 2 [Doc. # 19]). For the reasons explained herein, the Government’s Motion is granted.

I.

A.

The following facts are undisputed. On January 7, 2015, at approximately 10:59 a.m., while traveling north on 1-85 in Davidson County, North Carolina and conducting preventive patrol duties, North Carolina State Trooper Marcus J. Ward noticed a Nissan Maxima initially decrease speed to below the posted speed limit and thereafter leave its lane briefly and follow another car at a distance of two car lengths while traveling at 70 mph. (Decl. Marcus J. Ward ¶¶3, 4 (Apr. 13, 2016) [Doc. # 19-2].) Ward stopped the Nissan for failing to maintain lane control and following too closely. (Id. ¶¶ 5, 6.)

The vehicle was registered to Howze, the driver, who was able to provide his license and registration to Ward. (Id. ¶¶ 5-7.) After conducting a consensual search for weapons and finding none, Ward requested that Howze sit in the front passenger seat of his patrol car while he ran an intelligence check. (Id. ¶¶ 7, 8.) During casual conversation with Ward, Howze appeared nervous, gave short answers, yawned, and bounced his leg, and his hands were shaking. (Id. ¶ 8.) Howze said that he was on his way from Charlotte, North Carolina to Greensboro, North Carolina to see his girlfriend to “make a deposit” but was going back to Charlotte for work at 4:30 p.m. (Id.) For assistance, Ward contacted North Carolina State Troopers B.P. Daniels and S.L. Williamson who were responding to a separate incident on 1-85. (Id. ¶ 9.)

After he issued Howze a warning ticket, Ward asked Howze if he had any questions; Howze said no and grabbed the door handle to leave. (Id. ¶ 10.) Ward then asked Howze if there were any reason he would be nervous; he said no. (Id.) Ward then asked if there was anything illegal like marijuana or cocaine in the vehicle, and Howze said no. (Id.) However, when Ward asked if there were large amounts of money in the vehicle, Howze paused and, in a low voice, said “um, yeah.” (Id.) After prompted further, he said, “15 ... 15 ... $15,775”1 and explained that the money was his and that he was going to use it to purchase a vehicle. (Id.) After Ward asked Howze if there were any weapons, methamphetamine, or medication in his vehicle, to which Howze responded “no”, Howze consented to a search of the vehicle. (Id.) He told Ward that the money was in a bag in the back of the vehicle. (Id.)

By this time, Daniels and Canine Cap-pers had responded to Ward’s request for assistance. (See id. ¶ 11.) Daniels is a canine handler assigned to the North Carolina State Highway Patrol Central Criminal Interdiction Unit and paired with [829]*829Cappers, an eight-year old2 Labrador— according to Daniels, a breed specifically selected for its keen senses and ability to be trained to detect the odor of controlled substances. (Deck B.P. Daniels ¶¶ 1, 2 (Apr. 13, 2016) [Doc. # 19-3].) Daniels has successfully completed the Basic Narcotic Canine Course at the Virginia State Police Academy and attended numerous seminars and training sessions which exposed him to basic and advanced police canine tactics, training, and animal behavior. (Id. ¶¶ 1. 2.) He and Cappers have completed thirteen weeks and approximately 455 hours of basic Canine Handler training with the Virginia State Police Canine Training Program, and, at the time of the traffic stop at issue here, Cappers was certified through the Virginia State Police. (Id. ¶¶2, 3.) Specifically, Cappers is trained to detect the presence of the odor of narcotics, including marijuana, hashish, heroin, methamphetamine, ecstasy, and powder and crack copine and has reliably detected large amounts of narcotics and United States currency concealed inside automobiles and elsewhere since being placed into service. (Id. ¶ 3.)

At Daniels’ direction, Cappers conducted an outside sniff of the vehicle and displayed a positive alert to the presence of an odor of narcotics. (Id. ¶ 6.) Daniels and Cappers then returned to Ward’s patrol car while Ward and Williamson searched the vehicle. (Id.; Deck Ward ¶ 11.) Ward located a white Abercrombie and Fitch bag on the right rear floor behind the passenger seat which contained a plastic bag with a large amount of United States currency in a mixture of small and large denominations separated in fifteen bundles held by rubber bands. (Deck Ward ¶ 11.) Ward and Williamson then placed the Abercrombie and Fitch bag along with three other bags found in the Nissan’s trunk in a line formation on the roadside. (Id. ¶ 12.) Cappers displayed a noticeable and articulable change of behavior while passing the first bag and alerted by turning his head and body .quickly back to the bag and sitting in final response by that bag. (Deck Daniels ¶ 7.) The wind current and direction were northward, so after being praised off the first bag, Cappers traced the odor to its source at the third bag in the formation, the Abercrombie and Fitch bag containing the currency, and sat in final response with both ears perked and his tail wagging quickly, an alert to" the presence of an odor of narcotics. (Id.)

At some point during the traffic stop,3 Howze told Ward that he bought a 2005 E320 Mercedes-Benz about two weeks earlier and sold it at an auction on January 2, 20Í5 with the help of MJ whose telephone number Howze provided, (Deck Ward ¶ 13.) Ward called MJ who did not know the amount of money for which the Mercedes-Benz had sold and was told to confirm the sale of the Mercedes-Benz with Ward as soon as possible. (Id.) Howze told Ward that he did not like to use banks and did not want to put his “flip” money in the bank.4 (Id. at 14.) He further explained, [830]*830because he did not feel safe keeping his money at his residence that he shares with his nephew and his nephew’s girlfriend, that he was taking the money to his girlfriend’s house until he could buy another vehicle at auction. (Id. ¶ 15.)

In the meantime, Ward gave the telephone numbers for MJ and Howze’s girlfriend to David D. Peterson, Task Force Officer with the Drug Enforcement Agency in Greensboro in order to investigate and verify Howze’s statements. (Id. ¶ 16; Decl. David D. Peterson ¶20 (July 24, 2015) [Doc. # 19-1].) At approximately 11.36 a.m., Peterson contacted the “girlfriend” who initially stated only that Howze’s name sounded familiar, but that she could not recall him. (Deck Peterson ¶21.) After thinking about his name, though, she remembered him, but stated that she did not know him very well. (Id.) She had not spoken with him since the summer of 2014, was not expecting him or anyone else that day, and had never kept property for him. (Id.) Later that afternoon, at approximately 4:25 p.m., Peterson spoke with MJ who said he did not want to get involved and had not seen or spoken to Howze for a few months. (Id. ¶ 22.)

Howze was unable to provide bank statements, texts, emails, or bills of sale.5 (Id.

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197 F. Supp. 3d 827, 2016 U.S. Dist. LEXIS 77767, 2016 WL 3351015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-1579500-in-us-currency-ncmd-2016.