United States v. $60,020.00 United States Currency

41 F. Supp. 3d 277, 2011 U.S. Dist. LEXIS 117947, 2011 WL 4720741
CourtDistrict Court, W.D. New York
DecidedSeptember 12, 2011
DocketNo. 08-CV-6286
StatusPublished
Cited by2 cases

This text of 41 F. Supp. 3d 277 (United States v. $60,020.00 United States Currency) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $60,020.00 United States Currency, 41 F. Supp. 3d 277, 2011 U.S. Dist. LEXIS 117947, 2011 WL 4720741 (W.D.N.Y. 2011).

Opinion

DECISION AND ORDER

JONATHAN W. FELDMAN, United States Magistrate Judge.

Preliminary Statement

Pursuant to 21 U.S.C. § 881(a)(6), the Government commenced this action in rem for the forfeiture of the sum of $60,020.00 in United States Currency seized from Claimant Joel Luke on January 12, 2008 at the Greater Rochester International Airport. The Court conducted a bench trial from October 12, 2010 through October 14, 2010.1 Following the trial, the parties submitted further briefing, including supplemental proposed findings of fact and conclusions of law. Pursuant to Rule 52 of the Federal Rules of Civil Procedure, the Court hereby makes the following findings of fact and conclusions of law.

Findings of Fact

For the most part, the relevant events of January 12, 2008 áre not in dispute. What is in dispute are the conclusions which may logically be drawn from those facts. On January 12, 2008, Joel Luke was scheduled to take a flight on Delta Airlines from Rochester, New York to Atlanta, Georgia. Luke obtained his ticket through a one way “buddy pass” that he received from Mr. Desery Davis, a Delta Air Lines employee. Luke had never met Mr. Davis in person, but testified that Davis was a mutual friend of Ms. Passionate Gerard, who had arranged for Davis to give the pass to Luke. Luke’s flight to Atlanta was scheduled to depart at 6:00 a.m. so he arrived at the airport shortly before 5:00 a.m.

At approximately 5:00 a.m. on January 12th, Luke attempted to pass through security at the Rochester airport. Luke placed his personal property, including his laptop computer, belt and shoes in a plastic bin and placed the bin on the conveyor belt to pass through x-ray screening. Luke then walked towards the magnetometer for screening. Security screening at the Rochester International Airport is contracted to McNeil Security. After going through the magnetometer without incident, Luke was approached by Bruce Hopkins who was employed by McNeil as a Transportation Security Officer. Hopkins was conducting an additional layer of random screening known as “continuous random screening.” Officer Hopkins informed Luke that he was being selected [279]*279for continuous random screening which included a “pat down.” Luke did not object to the additional security check or the “pat down” search.

Prior to conducting the pat down, Officer Hopkins asked Luke to remove everything from his pockets. Hopkins then conducted the pat down search, starting with the shoulders and working down towards Luke’s feet. When Hopkins reached Luke’s left leg area, he felt a bulge in his pocket. Hopkins testified it felt hard and was brick-like. Officer Hopkins asked Luke what the object was and Luke responded that it was “a book.” Officer Hopkins asked Luke to remove the book so that it could be placed through x-ray screening. Luke then removed two “bricks of money” that were wrapped, taped and bound in rubber bands from his left leg pocket and placed them into a gray bin. Upon seeing what appeared to be a large amount of cash, Officer Hopkins called for his supervisor and then continued with the pat down of Luke. When patting down Luke’s right leg, Hopkins felt another object in Luke’s pants pocket which he asked Luke to remove. Luke removed two more stacks of money and placed them into the gray bin. Luke was then asked to accompany McNeil employees to a private security area for further screening. Luke asked if he would be able to catch his flight, but was told he would have to go through further screening before he would be cleared to go to his departure gate. Luke and his belongings, including the four bundles of cash, were escorted to the private screening area.

Monroe County Sheriffs Deputy Kenneth Carpenter was on-duty that morning at the airport. Shortly after 5:00 a.m. Carpenter was advised that a passenger had attempted to go through security while carrying on his person a large amount of cash. Deputy Carpenter was asked to meet the passenger at the private screening area at which time he assumed control over the investigation. Carpenter testified that based on his training and experience a large amount of money coming through an airport could be an indication of drug trafficking. After reviewing Luke’s drivers license, Deputy Carpenter asked Luke where he was going. Luke responded that he was traveling to Atlanta, Georgia to meet a friend and attend an automobile auction. Carpenter asked Luke where the auction was located, and Luke responded that he did not know. Carpenter asked Luke how much money he had on him, and Luke responded $50,000.00. Carpenter advised Luke that based on his travel to Atlanta on a one way ticket with no checked luggage, little “carry-on” baggage, and the fact that he was unable to state where the auction was being held, Carpenter was going to have to request further investigation.2 Carpenter told Luke that he would not be able to depart on his scheduled flight, but that he would be able to fly to Atlanta later that day. Carpenter then notified his supervisor, Sergeant Mark Jenis, of the situation and escorted Luke to the satellite Sheriffs Office at the airport. Luke was instructed to put the money in a black carry-on bag he had with him. Luke placed the money in the black bag and carried the bag as he went with Carpenter.

Carpenter’s suspicions about the money were further aroused as he chatted with Luke on their walk to the Sheriffs Office. Carpenter testified that he asked Luke what the source of the money was and Luke stated that he owned a store on Hudson Avenue in the City of Rochester where he sold shoes and that he also sold [280]*280cars. Luke explained to Carpenter that he was in debt and that he did not use banks to keep his money because his assets had been frozen. Upon arrival at the satellite office, Carpenter sat with Luke until Sergeant Jenis arrived shortly before 6:00 a.m. After getting briefed by Officer Carpenter on the status of the investigation, Sergeant Jenis decided to call in additional investigative resources. Jenis contacted Sergeant Stephen Ryan and Canine Unit Supervisor Sergeant Paul Vadas and requested that they come to the airport. Due to the early morning hour, Jenis had to leave a voice mail message for Vadas, the canine handler. Jenis decided not to question Luke himself, but await the arrival of the additional investigative resources.

Canine Unit Supervisor Sergeant Paul Vadas was the first to arrive at the airport. Vadas recalls being called at home by Sergeant Jenis at approximately 6:00 a.m., but could not recall the specific time he arrived at the airport. Jenis testified that Sergeant Vadas and his dog “Odie” arrived 30 to 45 minutes after he called him. When he arrived at the airport, other officers had already prepared for Odie’s search process.3 The currency found on Luke had been placed in a black bag and then set down in an office off a hallway near the kitchen area of the Sheriffs airport satellite office. Vadas brought Odie to the kitchen and told him to begin the search. Odie then went through the kitchen and down the hall without alerting. When Odie got to the office he alerted to the black bag containing the currency which was on the floor of the office.

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41 F. Supp. 3d 277, 2011 U.S. Dist. LEXIS 117947, 2011 WL 4720741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-6002000-united-states-currency-nywd-2011.