United States v. One Black 1999 Ford Crown Victoria LX

118 F. Supp. 2d 115, 2000 U.S. Dist. LEXIS 16126, 2000 WL 1612290
CourtDistrict Court, D. Massachusetts
DecidedOctober 17, 2000
DocketNos. CIV. A. 99-11647-WGY, 00-10110-MBD
StatusPublished
Cited by3 cases

This text of 118 F. Supp. 2d 115 (United States v. One Black 1999 Ford Crown Victoria LX) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. One Black 1999 Ford Crown Victoria LX, 118 F. Supp. 2d 115, 2000 U.S. Dist. LEXIS 16126, 2000 WL 1612290 (D. Mass. 2000).

Opinion

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

Pursuant to 21 U.S.C. § 881(a)(4), the United States has moved for in rem forfeiture of a 1999 Ford Crown Victoria (the-“Car”). The Car was originally confiscated in connection with a search warrant issued by the Quincy District Court. After a hearing, the state court issued an order that the Car be returned to the owner, Richard May (“Mr. May”) because the Commonwealth had failed to present sufficient evidence that it had an interest in the Car. The United States now seeks forfeiture and Mr. May opposes the motion claiming that the state court judgment precludes an action in the federal court.

II. FACTUAL AND PROCEDURAL HISTORY

The following facts are undisputed. This case begins with a random inspection by United States Customs officials of a United Parcel Service package from Canada. The package contained a .quantity of methamphetamine and a floppy disc. On March 11,1999, the Weymouth Police were contacted by Customs officials regarding the package and its destination — Wizard Entertainment in South Weymouth. Based on this information, Officer Burke of the Weymouth Police obtained a search warrant from the Quincy District Court providing that, upon the delivery of the package, the police could seize the drugs, “monies, signature of UPS deliveries, papers, journals, and any and all material [used] to facilitate in the unlawful distribution of methamphetamine .... ” Verified Compl. Ex. 1.

The Weymouth Police, in concert with Customs Special Agents, orchestrated the delivery of the package and proceeded to arrest the person accepting delivery as well as Edward May (“May”), the ultimate recipient. When May arrived to pick up the package, he was driving the Car. Upon his arrest, the officers seized the package, various employment and personal papers, credit cards, and the Car.

Whether the Car was seized pursuant to Mass. Gen. Laws ch. 276, § 3 (2000),1 or under the cognate federal statute, 21 U.S.C. § 881 (2000),2 is the subject of some [117]*117dispute, and ultimately led to a plethora of court proceedings. The Car, registered to May’s father, Mr. May, was in the custody of the Weymouth Police. Mr. May filed a Motion for Return of Property (the “State Motion”) on March 15, 1999 in the Quincy District Court. On May 3, 1999, May and his parents were contacted by certified mail regarding the United States’ intention to begin administrative forfeiture proceedings relating to the Car. The Car was removed from Weymouth Police custody by the United States Drug Enforcement Agency (“DEA”) on May 14, 1999. On June 7, 1999, the DEA received the claim and cost bond from Mr. May thereby forcing the DEA to adjudicate the merits of the forfeiture in federal court. Thus, there was both the State Motion seeking-release of the Car and the potential for a similar motion in the federal court.

On June 18, 1999, before an action was filed in the federal court, the state court held an evidentiary hearing regarding the legality of the seizure. Although there is some dispute whether the federal government’s interest was represented at this hearing, the argument that the state court lacked jurisdiction because the Car was seized pursuant to federal law was presented to the court by the Commonwealth. On September 10, 1999, the Quincy District Court issued a “Finding and Order” which stated that “[l]ocal Weymouth Police had physical control of the car and left it in their possession until after this motion was filed in court. The court maintains jurisdiction over the car.” Commonwealth v. May, No. 9956-001661 (Mass.Dist.Ct. Sept. 10, 1999) (Dinnean, J.). Although the court ruled it had jurisdiction, it concluded that “the Commonwealth has no evidence that the owner of the car either was involved in his son’s drug activity or even knew of them.” Id. Consequently, the motion to return the Car was allowed.

Prior to the issuance of the “Finding and Order,” on August 4, 1999, the United States filed a Verified Complaint for Forfeiture in Rem (the “Federal Motion”) in the United States District Court for the District of Massachusetts. The Federal Motion asserted that there was probable cause to believe that the Car was subject to seizure and forfeiture under 21 U.S.C. § 881(a)(4). In response, Mr. May, the registered owner of the vehicle, filed a motion to dismiss based on the Quincy District Court’s order. Through counsel, Mr. May argued that this Court lacked subject matter jurisdiction because the state court had properly exercised and maintained jurisdiction over the Car. Moreover, he asked that the Court order the United States to turn over the Car in compliance with the state court order.

A hearing before this Court was initially held on November 10, 1999. At this hearing, the United States argued that the state court lacked subject matter jurisdiction to adjudicate the forfeiture of the Car. See Tr. at 2 (Nov. 10, 1999). In essence, the United States asked this Court to treat the state court judgment as a nullity. See id. The Court declined the invitation to declare the state court order void. Instead, the Court ordered that the United States appeal the state court order within sixty days. See id. at 6-7. If it failed to do so, the Car would be returned to Mr. May. These rulings vindicated the principle that once a sovereign has assumed jurisdiction over a res, another sovereign will refrain from acting until compliance with the first sovereign’s orders. See United States v. $79,123.49, 830 F.2d 94, 95 (7th Cir.1987); United States v. $2,542, 754 F.Supp. 378, 380 (D.Vt.1990).

The United States did not appeal the state court decision. The Car was returned to Mr. May on February 9, 2000, and the United States voluntarily dismissed the Federal Motion without prejudice. Two days later, the United States re-seized the Car. An Emergency Motion [118]*118to Quash Seizure Warrant and Return Property (the “Emergency Motion”) was filed in federal district court by Mr. May’s attorney. The Emergency Motion was denied by this Court, not on the merits, but because there was no evidence that the re-seizure had violated either the state court order or the previous order of this Court. A subsequent motion was filed and the issue of the re-seizure is now before this Court.

III. DISCUSSION

A. Jurisdiction

Mr. May argues that the state court properly exercised and maintained jurisdiction over the Car, held a full hearing on the merits in which the interests of the United States were represented, and resolved the matter in favor of him. Consequently, according to Mr. May, this Court should give full faith and credit to the state court’s ruling and require the United States immediately to return the Car to him.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Sanders
Court of Appeals of North Carolina, 2022
Savely v. Utah Highway Patrol
2018 UT 44 (Utah Supreme Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
118 F. Supp. 2d 115, 2000 U.S. Dist. LEXIS 16126, 2000 WL 1612290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-black-1999-ford-crown-victoria-lx-mad-2000.