United States v. $32,750 In United States Currency

200 F. Supp. 3d 1132, 2016 U.S. Dist. LEXIS 98768, 2016 WL 4059649
CourtDistrict Court, D. Nevada
DecidedJuly 28, 2016
DocketCase No. 2:13-cv-01329-RFB-VCF
StatusPublished
Cited by1 cases

This text of 200 F. Supp. 3d 1132 (United States v. $32,750 In United States Currency) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $32,750 In United States Currency, 200 F. Supp. 3d 1132, 2016 U.S. Dist. LEXIS 98768, 2016 WL 4059649 (D. Nev. 2016).

Opinion

[1134]*1134ORDER

RICHARD F. BOULWARE, II, United States District Judge

I. INTRODUCTION

This civil forfeiture case is before the Court on a Motion to Suppress Evidence filed by Claimants Fabian Garcia, Jr. and Fabian Garcia, Sr. ECF No. 22. As will be discussed below, the Court finds that the currency obtained in this case was the fruit of an unlawful search. The Motion to Suppress is therefore granted.

II. BACKGROUND

Plaintiff United States of America (“the government”) brought this civil forfeiture action on July 25, 2013, asserting that the $32,750 in U.S. currency seized from Garcia, Jr.’s car is subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6). Verified Compl., ECF No. 1. On January 6, 2014, Fabian Garcia, Sr. and Fabian Garcia, Jr. filed Verified Claims with the Court. ECF No. 7. Garcia, Sr. claims to be lawful owner of the seized currency, and Garcia, Jr. claims that he was lawful possessor. Id. On January 7, 2015, Claimants filed a Motion to Dismiss, which the Court denied on September 30, 2015. ECF Nos. 20, 26. On August 26, 2015, Claimants filed a Motion to Suppress Evidence pursuant to Supplemental Rule G(8)(a) of the Federal Rules of Civil Procedure. ECF No. 22. The Court held an evidentiary hearing on December 18, 2015 at which it heard testimony from Detective Ray Schaffner of the Las Vegas Metropolitan Police Department. On March 31, 2016, the Court granted Claimants’ Motion to Suppress and stated that it would issue a written order. This Order contains the Court’s reasoning for its ruling.

III.FINDINGS OF FACT

The Court makes the following findings of fact based upon its assessment of the testimony provided at the evidentiary hearing, including credibility, as well as its assessment of the other documentary evidence presented at the hearing. As noted at the hearing, the Court does not consider any other evidence that may have been attached to motions but was not presented at the hearing.

On March 2, 2013, Detective Ray Schaff-ner was monitoring traffic in the southbound lanes of Interstate 15 in Las Vegas, Nevada. Detective Schaffner is employed by the Las Vegas Metropolitan Police Department (“Metro”) and is a member of the Southern Nevada Drug Interdiction Task Force, which is comprised of both state and federal law enforcement officers. Part of Detective Schaffner’s duties include monitoring the highways, stopping vehicles for traffic infractions, and determining if the occupants may be transporting contraband, including narcotics. Detective Schaffner makes approximately 20 to 40 stops in an average week when he is working on the highway. Detective Schaff-ner deploys his drug-detecting dog, Sally, in approximately ten percent of the vehicle stops he makes on the highway. Detective Schaffner finds contraband in the vehicle in approximately one percent of his highway stops.

At approximately 9:25 p.m. on March 2, 2013, Detective Schaffner began pacing1 a black Chevrolet Impala traveling southbound on 1-15. Detective Schaffner followed the vehicle for two miles and determined that it was traveling 80 miles per hour in an area where the speed limit was 75 miles per hour. Detective Schaffner also [1135]*1135twice observed the vehicle drift over the dividing line between its lane and the next lane to the left, which was also a southbound lane, and then come back to its original lane. The driver of the vehicle did not signal on either occasion when it drifted into the adjacent lane. After following the vehicle for those two miles, Detective Schaffner activated his red and white lights and pulled the vehicle over to the side of the highway. Detective Schaffner was- in his full Metro uniform. His car was unmarked, but was equipped with red and white flashing lights to pull other cars over. Detective Schaffner stopped his own vehicle approximately fifteen feet behind the vehicle he had stopped.'

After he pulled the vehicle over, Detective Schaffner approached from the passenger side carrying a flashlight. The vehicle had a Minnesota license plate. There were two individuals in the vehicle; Fabian Garcia, Jr. was in the driver’s seat and Evan Machacek was in the front passenger’s seat. Detective Schaffner had no pri- or information about these individuals and had not received any tips about them. Detective Schaffner identified himself and informed Garcia that he had been stopped for traveling 80 miles per hour in a 75 mile-per-hour zone and for failure to maintain his lane on two occasions. Garcia2 apologized for speeding and told Detective Schaffner he was just moving with the flow of traffic. Garcia also informed Detective Schaffner that he swerved across the lane divider because his friend, Machacek, was ill and had been vomiting. Detective Schaffner shined his flashlight inside the vehicle and saw a white bucket between the two front seats that appeared to contain vomit.

Detective Schaffner asked Garcia where he was traveling from. Garcia responded that he and Machacek were coming from Maple Grove, Minnesota and were on their way to Santa Maria, California to attend a funeral service for Garcia’s grandfather who had died two weeks earlier. Detective Schaffner asked several other routine questions, including whether Garcia had a driver’s license. When he was asked whether he had a driver’s license, Garcia audibly sighed, looked down, and then said “I’m not going to lie to you, Officer. I don’t have a driver’s license, but I do have a state I.D.” Garcia then produced his Minnesota state identification card.

Detective Schaffner also asked if the vehicle belonged to Garcia, to which Garcia responded that it did not, but that it belonged to his aunt. Garcia then gave a copy of the title to the vehicle to Detective Schaffner indicating that the vehicle belonged to Suzanne Garcia. The title was issued in Minnesota. Next, because Garcia had said he did not have a driver’s license, Detective Schaffner asked Machacek if he had a driver’s license. Machacek had an Arizona driver’s license, which he gave to Detective Schaffner.

Detective Schaffner testified that Garcia and Machacek appeared to be extremely nervous during this questioning. Detective Schaffner stated that he made this conclusion from observing that Garcia was rocking his legs back and forth, appeared to have a hard time swallowing, and appeared to have a dry mouth, and that both Garcia’s and Machacek’s hands shook when they gave Detective Schaffner their identification. After hearing and observing the testimony at the evidentiary hearing, the Court does not find this testimony about these individuals being unusually or even exceptionally nervous to be credible. Based upon its assessment of Detective Sehaff-ner’s testimony, the Court finds that while Garcia and Machacek may have appeared nervous during the stop, they were not demonstrably more nervous than a person [1136]*1136would ordinarily be when stopped by the police. The Court finds that Schaffner’s testimony about the difference he ascribes to the level of nervousness of Garcia and Machacek does not support an actual finding of difference in the level of nervousness between these two and other drivers he has stopped.

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200 F. Supp. 3d 1132, 2016 U.S. Dist. LEXIS 98768, 2016 WL 4059649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-32750-in-united-states-currency-nvd-2016.