United States v. $600,000.00 in United States Currency

871 F. Supp. 1397, 1994 U.S. Dist. LEXIS 18517, 1994 WL 715621
District Court, D. Kansas·Decided December 14, 1994·No. Civ. A. No. 94-1236-MLB·Published·Cited by 5 cases

Opinion

ORDER

BELOT, District Judge.

Before the court are the following:

1) Claimant’s response to order of November 2, 1994 (Doc. 27);
2) Sealed answers to questions; and
3) Government’s reply to claimant’s response (Doc. 32).

The pertinent facts of this case are set forth in this court’s orders of October 24 and November 2,1994 and will not be repeated in detail. However, certain facts need to be reprised to put into perspective the issues raised in the claimant’s response.

The government’s forfeiture complaint was supported by an affidavit which averred, in substance, that a car driven by the claimant was stopped for a traffic violation by a Kansas Highway Patrol trooper. The claimant had a Texas driver’s license. The ear was registered in Connecticut to another individual. The claimant denied having met the registered owner and was not positive whether the registered owner actually owned the car.

The trooper asked for and received permission to search the car. The trunk of the ear contained a suitcase which the claimant said was his. When the trooper asked to look in the suitcase, the claimant responded that it was locked and that he did not know the combination. Upon further inquiry, claimant “guessed” he could look for the combination. When the claimant opened the suitcase, it was found to contain another suitcase which, when opened, was found to contain a large amount of cash tightly wrapped in small bundles. It is averred that the cash appeared to be packed in a way similar to that commonly used by drug traffickers.

When the trooper asked the claimant about the money, he responded that “it’s something that I just picked up.” The claimant told the trooper he owed someone some money and that he did not know how much money was in the suitcase. He also told the trooper he had a prior arrest for growing marijuana. Finally, a narcotics dog alerted to the presence of drugs in the car and the suitcase, although no drugs were found.

In response to the complaint, the claimant moved for a more definite statement. By its October 24 memorandum and order, the court denied the claimant’s motion and directed him to file his answer to the complaint. The court also required the claimant to file a verified statement setting forth specific facts supporting his claim to the money. Instead of doing so, the claimant filed a motion asking the court “to clarify its request for a verified statement setting forth specific facts supporting his claim for the money. Claimant is uncertain what information the court is ordering claimant to provide and for what purpose.” (Doc. 21).

Thereafter, by its order of November 2, the court in effect granted the claimant’s motion and required the claimant to answer certain specific questions. In his response (Doc. 27), claimant has objected to the court’s order as “unprecedented” and has accused the court of assuming the role of the United States Attorney by inquiring about his ownership of the money and questioning his [1399]*1399standing to pursue his claims that the trooper searched the vehicle without probable cause. Nevertheless, the claimant has submitted answers to the court in a sealed envelope with the request that the court review his response brief before taking any action with respect to the answers. The court has acceded to the claimant’s request and will not open the envelope until it considers the merits of claimant’s response.

The gist of the claimant’s response seems to be that the court had no authority to inquire into his standing unless the United States Attorney first raised standing as an issue. He has cited several cases, but conspicuously absent is any case from the Tenth Circuit. The claimant apparently has overlooked or has chosen not to address United States v. Martinez, 983 F.2d 968 (10th Cir. 1992), cert. denied, - U.S. -, 113 S.Ct. 1959, 123 L.Ed.2d 662 and - U.S. -, 113 S.Ct. 2372, 124 L.Ed.2d 277 (1993). In that case, a Utah Highway Patrolman stopped a vehicle driven by a Ms. Araujo for a traffic violation. The car displayed Minnesota license plates which were expired. Ms. Araujo produced a valid New Jersey driver’s license as well as a Minnesota title showing that a man named Selega has transferred ownership of the vehicle to a Ms. Clark of Minnesota. Ms. Araujo provided no registration. When the trooper asked Ms. Araujo who owned the car, she replied that she had borrowed it from a friend named Lopez in Las Vegas and that the car belonged to Ms. Lopez’s boyfriend. The officer suspected that the car was stolen and asked what was in the trunk in an effort to test Ms. Araujo’s ability to identify the contents. When the trunk was opened, the trooper observed certain aspects of the trunk which he considered out of the ordinary. He then contacted Mr. Selega who confirmed that he had sold the car to Cheryl Clark. However, the trooper was unable to locate Cheryl Clark to confirm her ownership. A computer check revealed no reports of a stolen vehicle matching the car. After further inquiry of Ms. Araujo and Ms. Martinez, the passenger, another search of the trunk was conducted and cocaine was discovered.

Both Ms. Araujo and Ms. Martinez moved to suppress the search and seizure. The Tenth Circuit’s response to this challenge was as follows:

Next, Ms. Araujo and Ms. Martinez assert they have standing to challenge the vehicle search and subsequent cocaine discovery because their exercise of dominion over the car also conveyed to them a reasonable expectation of privacy over the contents of the vehicle. We disagree.
Because the standing issue remains “ ‘invariably intertwined’ ” with substantive Fourth Amendment privacy rights analysis, logic dictates we “determine “whether the challenged search or seizure violated the Fourth Amendment rights of [the] criminal defendant who seeks to exclude the evidence.’” United States v. Arango, 912 F.2d 441, 445 (10th Cir.1990) (quoting Rakas v. Illinois, 439 U.S. 128, 139-40, 99 S.Ct. 421, 428, 58 L.Ed.2d 387 (1978)), cert. denied, [499] U.S. [924], 111 S.Ct. 1318, 113 L.Ed.2d 251 (1991).
In deciding whether a search has infringed upon protected constitutional rights of a particular defendant who seeks the exclusion of the resulting evidence, we examine two primary factors: “whether the defendant manifested a subjective expectation of privacy in the area searched and whether society would recognize that expectation as objectively reasonable.” Id. The burden of showing standing to challenge a search and seizure rests with the defendant. See Rakas v. Illinois, 439 U.S. 128, 130 n. 1, 99 S.Ct. 421, 424 n. 1, 58 L.Ed.2d 387 (1978). Because passengers often have little or no privacy rights in a motor vehicle, we address each Defendant separately.
A. Ms. Araujo’s Standing
In Arango, we held that where a non-owner driver of a vehicle failed to present evidence he lawfully possessed a vehicle stopped for speeding, the driver had no reasonable expectation of privacy in the vehicle.

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United States v. $600,000.00 in United States Currency, 871 F. Supp. 1397, 1994 U.S. Dist. LEXIS 18517, 1994 WL 715621 (D. Kan. 1994).

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