United States v. Five Hundred Eleven Thousand Seven Hundred Eighty Dollars

847 F. Supp. 908, 1994 U.S. Dist. LEXIS 3869, 1994 WL 108477
CourtDistrict Court, M.D. Alabama
DecidedMarch 2, 1994
DocketCiv. A. No. 93-T-858-S
StatusPublished
Cited by3 cases

This text of 847 F. Supp. 908 (United States v. Five Hundred Eleven Thousand Seven Hundred Eighty Dollars) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Five Hundred Eleven Thousand Seven Hundred Eighty Dollars, 847 F. Supp. 908, 1994 U.S. Dist. LEXIS 3869, 1994 WL 108477 (M.D. Ala. 1994).

Opinion

MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

The United States of America has brought this in rem civil proceeding under 21 U.S.C.A. § 881(a)(6) (West 1981), seeking forfeiture of $511,780.00 in United States Currency.1 An Alabama State Trooper found the money hidden in a mattress in a rental truck, which was transporting the mattress and some other furniture. Two claimants have come forward to challenge the forfeiture: Santos Gomez, the driver of the truck, and Lonnie M. Gomez, a passenger. The claimants contend that, although they were unaware of the money in the mattress, the money is still theirs. The jurisdiction of the court has been properly invoked based on 28 U.S.C.A. §§ 1345 (West 1993), 1355 (West 1993). Based upon the evidence presented at a nonjury trial on January 31,1994, the court holds that the money should be forfeited to the government.

I. BACKGROUND

On the afternoon of July 5, 1993, Alabama State Trooper Ronnie Whitworth was patrolling the southeastern portion of the state when a patrol dispatcher advised him to be on the lookout for a Ryder Rental Truck which had stopped in Dothan, Alabama. The dispatcher advised that the truck’s two occupants had stopped because the truck’s air conditioner was not working; 'that, although the day was unusually hot and the air conditioner could not be repaired, they had refused an offer for a substitute vehicle; that the two occupants were acting in a suspicious manner; and that they were traveling from Florida to Texas but were taking a circuitous out-of-the-way route. Interstate 10 would have been the most direct route between Florida and Texas and thus the most economical path for a rental-truck trip, but the [912]*912highway was also closely watched by law enforcement officers.

After receiving the dispatch, Whitworth approached "a vehicle which he clocked at 65 miles an hour in a 55-mile-an-hour zone. He turned around and, after radioing the dispatcher for a further description of the vehicle described earlier, realized that this was the same vehicle. He turned on his flashing light and telephoned the patrol dispatcher for backup. The truck was slow to stop but eventually pulled over.

The occupants of the truck were two cousins, Santos and Lonnie Gomez, who were traveling from central Florida to Houston, Texas. They were carrying over one-half million dollars in cash secreted in a mattress in the truck. They were transporting the money for another cousin, Emodesto Gomez. Emodesto had rented the truck for them and had arranged for it to be filled with various furniture items, including the mattress containing the cash. All the items in the truck, including the cash, belonged to Emodesto.

Whitworth informed Santos, the driver, that he had been stopped for speeding. He asked to see Santos’s driver’s license, and instructed Santos to join him in the patrol car. Whitworth checked to see if Santos had any warrants outstanding and questioned him about his destination and occupation. Whitworth’s background check on Santos revealed nothing. Whitworth radioed for more trooper help from a “felony stop officer”; he asked Santos if he would mind waiting and talking to another trooper and Santos agreed. In the meantime, a local officer from the Elba Police Department arrived to assist Whitworth. Whitworth then asked Lonnie Gomez to join him in the air-conditioned patrol car because it was so hot outside. Whitworth ran a similar background check on Lonnie and found nothing.

A few minutes later, State Trooper Teddy Lee Fain arrived in response to Whitworth’s request for more trooper help. Fain also questioned Santos. Santos told Fain that he and Lonnie had decided not to take the direct route because they wanted to look at the country side and had relatives in the areas, although none were named. Santos further told Fain that Emodesto had rented the van, that the furniture inside belonged to Emodesto, and the they were transporting the furniture from Florida to Texas for Emodesto.

Fain asked Santos if he could search the van, and Santos agreed and signed a consent-to-search form. Fain first searched the cab of the truck and found nothing. When he raised the gate on the back of the truck, he saw a number of household items and noticed a strong odor of marijuana. He immediately dropped the back gate and asked Whitworth to look inside. Whitworth raised the gate and also smelled marijuana. Fain then began to unload the back of the truck. In addition to a haphazard mixture of furniture items, the truck contained a number of cardboard boxes which were completely sealed. Fain cut open some of these boxes and found that they were either empty or had just -a pillow or other similar item in them. As he worked his way from the gate at the back of the truck toward the passenger cabin in the front of the truck, he discovered a mattress in a storage area over the cabin. He tried to pick up the mattress and found that it was excessively heavy. He felt it and found that “it did not feel right on the bottom edge.” He cut a hole in the mattress and pulled out $20.00. He cut a bigger hole in the mattress and found more money. Lonnie later said to Fain that, if he had covered up the mattress he, Lonnie, would have “made it worth his while later.”

The Gomezes were arrested for possession of marijuana. The truck and the items in it were taken to a Dothan trooper station. It was later determined that the mattress contained $511,780.00. The money was in various denominations from $5 to $100, and was rolled up in separate bundles of $1,000 each. The officers who unpacked the money found that it reeked of the smell of marijuana.

II. DISCUSSION

Under § 881(a)(6), “the United States may obtain forfeiture of all moneys furnished or intended to be furnished in exchange for a controlled substance in violation of Title 21 of the United States Code, as well as all proceeds traceable to, and all moneys used or [913]*913intended to be used to facilitate, such an exchange.” United States v. $38,000 in United States Currency, 816 F.2d 1538, 1540 (11th Cir.1987). In determining whether the government is entitled to forfeiture, the court must apply a number of shifting burdens to the parties. The first and threshold issue is whether the claimant to the property has standing. Id. at 1543-47.

A. Standing

The court agrees with the government that claimants Santos and Lonnie Gomez lack the necessary standing. There are two different forms of standing in a forfeiture case: Article III standing and statutory standing. $38,000 in United States Currency, 816 F.2d at 1543. “It is well established that in order to contest a forfeiture, a claimant first must demonstrate a sufficient interest in the property to give him Article III standing; otherwise, there is no ‘case or controversy,’ in the constitutional sense, capable of adjudication in the federal courts.” Id. A claimant need not own the property in order to have Article III standing; a lesser property interest, such as the possessory interest of a bailee, is sufficient for standing.2 Id. at 1544.

However, “In addition to establishing Article III standing, claimants also must satisfy applicable statutory standing requirements.” Id.

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847 F. Supp. 908, 1994 U.S. Dist. LEXIS 3869, 1994 WL 108477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-five-hundred-eleven-thousand-seven-hundred-eighty-dollars-almd-1994.