United States v. Ten Thousand Seven Hundred Dollars & No Cents

258 F.3d 215, 2001 U.S. App. LEXIS 16039
CourtCourt of Appeals for the Third Circuit
DecidedJuly 19, 2001
Docket00-1635
StatusUnknown
Cited by1 cases

This text of 258 F.3d 215 (United States v. Ten Thousand Seven Hundred Dollars & No Cents) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ten Thousand Seven Hundred Dollars & No Cents, 258 F.3d 215, 2001 U.S. App. LEXIS 16039 (3d Cir. 2001).

Opinions

OPINION OF THE COURT

RENDELL, Circuit Judge.

This civil forfeiture proceeding stems from the government’s seizure of $21,460.00 and $10,700.00 in United States currency from claimants Allan Johnson and Jermaine Thomas, respectively, after they were stopped for a traffic violation while driving on Interstate 295 outside of Wilmington, Delaware. Claimants appeal the District Court’s determination that the government’s seizure of the currency did not violate the Fourth Amendment, and its conclusion that the government met its burden of establishing probable cause to institute forfeiture proceedings against the currency pursuant to 21 U.S.C. § 881(a)(6) (1999). Because we agree with the claimants’ position that the government failed to establish that it had probable cause to commence forfeiture proceedings, we will reverse the District Court’s Decree of Forfeiture entered on April 28, 2000, and re[219]*219mand the matter with directions that the District Court enter judgment in favor of the claimants. Given our disposition, we need not, and will not, address claimants’ Fourth Amendment challenge to the seizure of the currency.

I. FACTS and PROCEEDINGS

A. Factual Background

The outcome of this appeal depends upon the legal significance we ascribe to the facts surrounding the forfeiture of the currency, and we are constrained in this respect by the government’s agreement to stipulate to a bare record of agreed facts, which we fully set forth here. At 10:12 a.m. on April 29,1998, Officer McManus of the Delaware River and Bay Authority (“DRBA”) stopped a rented Ford Taurus for traveling 60 miles per hour in a 50 mile per hour zone. The vehicle was occupied by three individuals: Antonio Whitfield, the driver; claimant Jermaine Thomas, who was located in the front passenger seat; and claimant Allan Johnson, who was in the back seat. All three occupants exited the vehicle and provided identification indicating that they were from Wilmington, North Carolina. Whitfield also provided the rental car agreement which listed the lawful driver as Thomas, despite the fact that Whitfield was driving when McManus stopped the car.

McManus’s police report indicated that she questioned each occupant individually concerning the group’s travel plans. Whitfield told McManus that they were going shopping, but that he was not sure where. McManus also noted that Whitfield’s hands were shaking and that he avoided making eye contact with her. Thomas and Johnson told McManus that they were going to northern New Jersey to visit family. McManus observed that Thomas also avoided making eye contact with her.

McManus obtained consent to search the vehicle. During a check of the interior, she noticed a strong odor of air freshener, but did not find any weapons or contraband. Upon searching the trunk, Mc-Manus found two bags — a black duffel and a blue backpack. She also noticed two cellular telephones and cologne. Johnson claimed ownership of the blue backpack and consented to McManus examining its contents. McManus opened the blue backpack and found clothes at the top; underneath the clothes she discovered a blue plastic bag, and inside the blue plastic bag was another blue plastic bag tied at the top. Inside the interior blue plastic bag was an unknown amount of United States currency rubber-banded together. Johnson claimed ownership of the money, advised that it was $21,000, and that the group was en route to buy a car.

Thomas claimed ownership of the black duffel bag and also consented to McManus examining its contents. McManus searched the bag and found clothing; under the plastic liner of the duffel bag, she found a second unknown quantity of United States currency that was rubber-banded in a similar fashion as the first amount she found. Thomas stated that there was $8,000 in the bag. Johnson and Thomas confirmed that they did not have receipts for the currency.

After completing the search, at approximately 10:30 a.m., McManus decided to transport the currency back to the DRBA troop for further investigation. She also requested that the claimants ride with her back to the DRBA troop, which they did. Upon arrival, Thomas and Johnson were searched and questioned, but both refused to provide any information other than personal data. During the search, DRBA officers found $2,950.00 in cash on Thomas’s person, rubber-banded in a fashion similar to the money found in the trunk of the car. [220]*220They also found $430.00 in cash on Johnson’s person. At some point thereafter, Officer Creighton spoke with Enterprise Rental Car Company and discovered that the lease agreement under which the vehicle had been rented provided that the vehicle was not to be driven north of the Virginia border. Also, at approximately 12:30 p.m., Officer Penrod spoke with an officer at the Wilmington, North Carolina Police Department, who advised him that each of the men lived in an area known for high drug activity, and that Johnson had murder charges pending against him. At some point between 12:05 p.m. and 2:05 p.m., Officer Thompson conducted a canine detection test. The record indicates that the test “gave positive indications on the currency” but offered “negative indications” with respect to the interior and exterior of the vehicle. Between 2:00 p.m. and 3:00 p.m., officers issued two traffic citations to Whitfield and transported all three occupants to the Wilmington, Delaware bus station to return home to North Carolina. The DRBA kept the currency and the cell phones. Claimants were not charged with any illegal activity other than the traffic citations.

Between 2:47 p.m. and 3:11 p.m., DRBA Sergeant Gaworski vacuumed the automobile and the currency, and subjected both to an ION Scan Analysis. The graphs, which purportedly show the results of the ION Scan on the items in the vehicle, are included in the record. Agent David Allegretto of the Drug Enforcement Agency (“DEA”) stated in an affidavit that the results of this test indicated “that the monies showed high levels of cocaine residue, an indication that the monies were involved in drug trafficking,” A-12, but the affidavit does not explain more specifically how he arrived at that conclusion by reviewing the graphs provided.

DRBA officers subsequently performed criminal histories on all three persons in the vehicle. Whitfield, the driver, had no criminal history. Claimant Thomas had been convicted of one drug offense — conspiracy to traffic in cocaine on February 7, 1995. Claimant Johnson had been convicted of several drug offenses, including (1) possession of controlled substances on August 16, 1989, and August 3, 1992; (2) possession of cocaine on November 12, 1994; and (3) possession with intent to sell and distribute narcotics on March 14, 1996.1

B. Proceedings in the District Court

Based on the evidence collected in the field and at the DRBA troop, the government filed two verified complaints of forfeiture in rem against the currency pursuant to 21 U.S.C. § 881(a)(6).2

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258 F.3d 215, 2001 U.S. App. LEXIS 16039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ten-thousand-seven-hundred-dollars-no-cents-ca3-2001.