United States v. Thirteen Thousand Seven Hundred & Fifteen Dollars

736 F. Supp. 135, 1990 U.S. Dist. LEXIS 5258, 1990 WL 56122
CourtDistrict Court, E.D. Michigan
DecidedApril 30, 1990
DocketCiv. No. 89-72309
StatusPublished
Cited by3 cases

This text of 736 F. Supp. 135 (United States v. Thirteen Thousand Seven Hundred & Fifteen Dollars) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Thirteen Thousand Seven Hundred & Fifteen Dollars, 736 F. Supp. 135, 1990 U.S. Dist. LEXIS 5258, 1990 WL 56122 (E.D. Mich. 1990).

Opinion

MEMORANDUM OPINION AND ORDER

ANNA DIGGS TAYLOR, District Judge.

Agents of the United States Drug Enforcement Administration (DEA) seized the [136]*136defendant Thirteen Thousand Seven Hundred and Fifteen ($13,715.00) following a police-citizen contact initiated by the agents at the Detroit Metropolitan Airport (Metro Airport). Subsequent to the seizure, a dog trained to detect such scents indicated that the money had been in contact with unlawful drugs. The government then brought this civil in rem forfeiture proceeding against the currency pursuant to 21 U.S.C. § 881(a)(6).1 The Claimant, Andre Edwards, contests the government’s showing of probable cause for the forfeiture and seeks dismissal of the complaint. The government seeks summary judgment based on the Claimant’s lack of standing and the inherently incredible nature of his “innocent owner” status. The case is now before the Court on the parties’ cross motions for summary judgment pursuant to Fed.R.Civ.P. 56.

This memorandum constitutes the findings of fact and conclusions of law upon which the Court bases its grant of summary judgment in favor of Plaintiff and its denial of Claimant’s motion.

On November 14, 1988, DEA Special Agent Brian Haltom and other agents, while on surveillance at Metro Airport, observed Edwards seeking directions from a Northwest Airlines employee as to the location of the baggage claim area. The agents followed Edwards to the baggage claim area and observed him surveilling the area, apparently concerned that he might be followed. After examining several carrousels and asking for directions from another Northwest employee, Edwards was directed to the unclaimed baggage area. He emerged carrying a garment bag as well as the carry-on bag that he had already been carrying. At this point, the agents approached Edwards, stopped him, asked him to produce his ticket and some identification, and to answer a few questions. His ticket was for a one-way flight from Cleveland, Ohio, and paid in cash. Edwards then volunteered that he was in possession of a large sum of money representing the proceeds of the recently concluded sale of his Plymouth Voyager van in Cleveland to one Rickey Dale, (now deceased). The agents requested that Edwards produce the money and he consented. The currency was in small denominations, in several tightly wrapped rolls secured by rubber bands. On the outside of each roll a number was written. Edwards then consented to have his person and his baggage searched for narcotics or narcotics related evidence. No contraband was found.

After further inquiry concerning Edwards’ residence, employment status and the source of the funds, Agent Haltom informed him that the money would be detained so that a dog trained to detect narcotics could sniff the currency. According to Agent Haltom, Edwards was also told that he was not under arrest and that he was free to leave after receiving a receipt for the cash. Edwards chose to accompany the agents to their office in the airport to await examination of the money by the drug sniffing dog. Attempts to locate the dog handler, however, were unsuccessful. According to Agent Haltom, Edwards was then told that the money would be held overnight for examination by the dog in the morning and he was given a receipt. Although Edwards maintains that he was never informed of this reason for keeping the money, that fact is not material.

Agent Haltom testified that on November 15, 1988, the next day, a trained dog positively alerted to the presence of controlled substances on the money. Subsequent to this alert by the dog, the currency was converted into a cashier’s check and deposited with the U.S. Marshal’s office.

Initially, Edwards argues that the circumstances surrounding the contact between himself and the agents were insuffi[137]*137cient to support a determination of probable cause and that therefore the fruit of the search, i.e., the drug scent of the currency, must be excluded from consideration. The government, on the other hand, contends that when viewed in totality, all of the attendant circumstances support a showing of probable cause to conduct the examination of the currency upon which its seizure and the complaint for forfeiture are based.

In order to meet its burden, the government must demonstrate that there was “a reasonable ground for belief of guilt, supported by less than prima facie proof but more than mere suspicion.” United States v. One 1978 Chevrolet Impala, 614 F.2d 983, 984 (5th Cir.1980); United States v. One 1975 Mercedes 280S, 590 F.2d 196 (6th Cir.1978). The government must also “establish a nexus ‘between the property to be forfeited and the criminal activity defined by the statute;’ i.e., the exchange of a controlled substance.” U.S. v. $22,287.00, United States Currency, 709 F.2d 442, 447 (6th Cir.1983), citing, United States v. $364,960.00 in U.S. Currency, 661 F.2d 319, 323 (5th Cir.1981). Edwards argues that these showings have not been made in the instant case. The Court disagrees.

First, Edwards contends that the agents lacked the requisite reasonable suspicion to stop and question him. The undisputed facts, however, suggest otherwise. When Edwards was observed seeking directions to the baggage claim area, the agents believed that he had entered the airport from the outside with a baggage claim stub to retrieve baggage. While walking through the airport, Edwards’ conduct suggested that he came to realize that he was being followed, and was concerned about that possibility. The bag apparently had not arrived on a recent flight, but was waiting unclaimed.

Consistent with the holding in Michigan v. Chesternut, 486 U.S. 567, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988), this circuit has applied a “totality of the circumstances” review to contact between law enforcement officials and citizens in an airport setting. Based on the foregoing, the Court finds that the agents did have reasonable suspicion to initiate a police-citizen contact with Edwards. Edwards appeared to be nervous, manifested by his repeated glances from side to side and over his shoulder as he walked through the airport. It appeared that he had not just arrived on a flight, but rather had entered the airport from the outside for the sole apparent purpose of picking up baggage which also was not newly arrived. Although this assumption was later proven incorrect when Edwards furnished his ticket for a recent flight, it does not negate the agents’ reasonable suspicion at the time the contact was made.

Next, Edwards argues that there was insufficient probable cause to confiscate the currency. The agents sought and received consent to ask Edwards questions regarding his travel. Inspection of his ticket revealed that it was a one-way ticket from Cleveland and that it had been purchased with cash.

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Bluebook (online)
736 F. Supp. 135, 1990 U.S. Dist. LEXIS 5258, 1990 WL 56122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thirteen-thousand-seven-hundred-fifteen-dollars-mied-1990.