United States v. One Hundred Thousand Dollars ($100,000.00)

761 F. Supp. 672, 1991 U.S. Dist. LEXIS 4991, 1991 WL 55000
CourtDistrict Court, E.D. Missouri
DecidedApril 11, 1991
Docket90-2085C(1)
StatusPublished
Cited by6 cases

This text of 761 F. Supp. 672 (United States v. One Hundred Thousand Dollars ($100,000.00)) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri 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 Hundred Thousand Dollars ($100,000.00), 761 F. Supp. 672, 1991 U.S. Dist. LEXIS 4991, 1991 WL 55000 (E.D. Mo. 1991).

Opinion

761 F.Supp. 672 (1991)

UNITED STATES of America, Plaintiff,
v.
ONE HUNDRED THOUSAND DOLLARS ($100,000.00), Defendant.

No. 90-2085C(1).

United States District Court, E.D. Missouri, E.D.

April 11, 1991.

*673 Daniel E. Meuleman, Asst. U.S. Atty., St. Louis, Mo., for plaintiff.

Coggan Mills, Clayton, Mo., for defendant.

MEMORANDUM

NANGLE, District Judge.

The United States brings this forfeiture action under 21 U.S.C. § 881(a)(6) against $100,000.00. Claimant Tammy Thompson Jones seeks return of the money. The case was tried to the Court sitting without a jury. The Court having considered the pleadings, the testimony of the witnesses, and the exhibits, and being fully advised in the premises, hereby makes the following findings of fact and conclusions of law.

Findings of Fact

1. On May 8, 1990, Detective Donna Roussin, a St. Louis police officer assigned to the Drug Enforcement Administration's Drug Task Force at St. Louis' Lambert Airport, noticed claimant standing in line at the TWA ticket counter, looking around frequently as though to see if she was being observed.

2. Detective Roussin moved to a closer vantage point, and there saw and heard claimant ask for two one-way tickets to Houston, Texas, which claimant paid for in cash. Detective Roussin later determined from TWA personnel that the cost of the tickets was $208, that the tickets were issued in the names of S. Thompson and James Thompson, and that the flight was one scheduled for the following day, May 9, 1990.

3. After claimant purchased the tickets, Detective Roussin observed her leaving the airport in a dark-colored Toyota.

4. Because the cash purchase of one-way tickets to Houston, which is considered a source city for drugs, raised in her mind suspicion of drug trafficking involvement, Detective Roussin returned the next day with two other officers to observe claimant's departure on the flight to Houston.

5. Claimant arrived at the gate with a man later identified as her husband, Kenneth Jones. In the gate area, claimant and her husband sat and talked together, but occasionally looked about as though checking to see if they were being observed.

6. When boarding was announced, claimant and her husband separated and boarded the plane approximately 10 passengers apart from one another.

7. Detective Roussin took a position near the boarding agent, and observed that the tickets used by claimant and her husband were those claimant had purchased the day before.

8. Detective Roussin and Detective Hiram Blois boarded the plane and found claimant and her husband seated together in the last row at the rear of the plane. Drug traffickers often choose seats that enhance the probability that they will be either the first or last passengers to deplane.

9. Upon reaching claimant and her husband, the detectives showed their identification and asked the two to speak with them outside the plane. Claimant and her husband rose, retrieved their carry-on items, and followed the detectives off the plane to the jetway.

10. Detective Roussin asked to see claimant's ticket, which was issued in the name "S. Thompson." When Detective *674 Roussin asked claimant for some identification, claimant indicated she was not sure she had any with her, but knelt to the ground to set down her purse and look through it. Detective Roussin saw a Social Security card in the purse as claimant looked through it, and asked to see the card. The Social Security card was in the name of Tammy Jones.

11. Several times during claimant's search of her purse, claimant, who was wearing slacks with a loose-fitting tunic-style top over them, appeared to be using one hand to adjust something under her clothes in the region of her waist.

12. Detective Roussin asked claimant if she was traveling with a large sum of money, and claimant replied that she had approximately $20.00 with her.

13. Detective Roussin asked if claimant would submit to a pat-down search; claimant assented. In conducting the search, Detective Roussin felt a number of rectangular packages arrayed around claimant's waist under her clothing. When asked what the packages were, claimant indicated they were currency. In response to further questions, claimant said that the money was not hers, that she did not know to whom it belonged, and that it was a large sum.

14. Detective Roussin told claimant she was detaining the money, and asked claimant whether she would prefer giving up the money then and there and getting a receipt for it, so that she could re-board the plane for her flight, or returning with Detective Roussin to the DEA office to remove the money. Claimant indicated that the money was in her underwear, so that she wanted to go to the office before removing it.

15. Detective Roussin told Detective Blois, who was talking with claimant's husband, that she and claimant were going to the DEA office. Claimant's husband was told he was free to go, but he accompanied the others to the office.

16. One of the officers asked claimant whether she had checked any luggage, and thereafter her suitcase was retrieved by one of the officers and brought to the DEA office.

17. In an interview room within the DEA office, Detective Roussin saw claimant remove the defendant currency from underneath her girdle inside the waist of her slacks. The currency was packaged in ten stacks, each containing one hundred $100 bills and having a rubber band binding each end of the stack.

18. Detective Roussin told claimant that she did not have to answer any questions she did not want to answer; claimant testified at trial that she answered freely those questions that she did answer.

19. Claimant's husband entered the room, saw the currency on a table, and declared that he knew nothing about the money or where it came from. At this point, claimant appeared to be nervous in that she was perspiring and shaking.

20. Claimant was asked where the money came from, and she said she had won it playing bingo in several different states. In response to further questions, claimant said that the trip to Houston was for the purpose of visiting friends whose names she would not disclose.

21. At this point, claimant's suitcase, which had been checked, was brought in. The name tag on the suitcase was one of the paper tags TWA provides at its ticket counters; claimant admitted having filled it out in the name of Sandra Thompson to match the name on her ticket. The address given on the luggage tag was on a street named Helen.

22. With claimant's permission, the suitcase was searched. A large roll of duct tape was found in the luggage. Because duct tape is often used to reinforce plastic bags holding drugs or to "body wrap" money or drugs on a person, claimant was asked about the tape. Claimant said she did not know why the duct tape was in her bag.

23. Detective Roussin told claimant that the currency would be subjected to a sniff by a dog trained to alert to the odor of narcotics. Claimant indicated her desire to stay to witness the money being counted and the dog sniff.

*675 24. The dog sniff was performed by Officer Billy Stiegler, a canine handler, and her trained dog Carlo. The dog clearly alerted to the one of three new and identical cardboard boxes in which the defendant currency had been placed, and the three boxes were placed at different locations some distance from one another within the room in which the search was done.

25.

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761 F. Supp. 672, 1991 U.S. Dist. LEXIS 4991, 1991 WL 55000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-hundred-thousand-dollars-10000000-moed-1991.