United States v. U.S. Currency, $30,060.00, Albert Joseph Alexander, Claimant-Appellee

39 F.3d 1039, 94 Cal. Daily Op. Serv. 8532, 94 Daily Journal DAR 15770, 1994 U.S. App. LEXIS 30996, 1994 WL 613703
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 8, 1994
Docket92-55919
StatusPublished
Cited by97 cases

This text of 39 F.3d 1039 (United States v. U.S. Currency, $30,060.00, Albert Joseph Alexander, Claimant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. U.S. Currency, $30,060.00, Albert Joseph Alexander, Claimant-Appellee, 39 F.3d 1039, 94 Cal. Daily Op. Serv. 8532, 94 Daily Journal DAR 15770, 1994 U.S. App. LEXIS 30996, 1994 WL 613703 (9th Cir. 1994).

Opinions

Opinion by Judge TANG; Dissent by Judge NOONAN.

TANG, Senior Circuit Judge:

The government appeals the district court’s grant of summary judgment in favor of Albert Joseph Alexander. The district court concluded the government did not establish probable cause that $30,060 seized from Alexander was connected to drugs as required to warrant forfeiture under 21 U.S.C. § 881(a)(6). The government argues the narcotics detection dog’s positive alert to the presence of the scent of a controlled substance on Alexander’s money, the packaging and the amount of the money, and Alexander’s false accounts of the money’s source and his own employment record is sufficient evidence to establish the requisite probable cause. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

BACKGROUND

Deputies of the Los Angeles County Sheriffs Department stopped Alexander for running a stop sign. When the deputies approached Alexander’s Ford Tempo, they saw on the front passenger seat a plastic bag filled with money. The money was arranged in $1,000 stacks bound by rubber bands; the bills included denominations of $5, $10, $20, $50, and $100. It is unclear whether the deputies removed the plastic bag from the seat. While still at the scene, they called for a narcotics detection dog. The dog positively alerted to the bag of money, indicating the presence of the scent of a controlled substance. The deputies searched Alexander and his car for drugs, but found none.

After reading Alexander his rights, the deputies questioned him about the money. Alexander stated: (1) the bag contained $30,-000; (2) he was a partner with Dave Tucker and had earned the money by working at Tucker’s Cafe; (3) he had no documentation to show how he had earned the money nor a bank account where he kept the money; and (4) he currently worked at a store named Jim Dandy’s Liquor. Thereafter, Alexander was taken into custody and charged with violating Cal.Health and Safety Code § 11352, an offense involving a controlled substance.

Back at the station, the deputies attempted to verify Alexander’s statements. The money was counted and it totaled $30,060. The deputies called Dave Tucker at a number provided by Alexander. Tucker said that Alexander was his daughter’s boyfriend and had no connection to Tucker’s Cafe. They also called Steve Lee of Jim Dandy’s Liquor who stated that Alexander no longer worked at the liquor store.

All state charges against Alexander were eventually dismissed. The Federal Bureau of Investigation adopted the seizure, however, and the federal government sought to forfeit Alexander’s money as drug money under 21 U.S.C. § 881(a)(6). Alexander responded that the seizure was illegal and moved to dismiss the government’s complaint and to suppress evidence derived from the [1041]*1041search of his car. The district court denied Alexander’s motion. Alexander' sought a writ of mandamus from the Ninth Circuit, but the writ was denied.

Alexander next moved for summary judgment. After briefing and oral argument on the motion, the district court granted summary judgment in favor of Alexander, concluding the above facts were insufficient to establish probable cause that the money was connected to drugs as required to warrant forfeiture under 21 U.S.C. § 881(a)(6). The government filed a timely notice of appeal, and the district court stayed execution of the judgment pending the government’s appeal.

STANDARD OF REVIEW

A district court’s determination of probable cause is reviewed de novo as a question of law. United States v. One 1985 Cadillac Seville, 866 F.2d 1142, 1146 (9th Cir.1989). A district court’s grant of summary judgment is also reviewed de novo. Tzung v. State Farm Fire and Casualty Co., 873 F.2d 1338, 1339 (9th Cir.1989). The evidence must be viewed in the light most favorable to the non-moving party to determine whether there are any genuine issues of material fact for trial and whether the district court correctly applied the relevant substantive law. Id. at 1339-40.

DISCUSSION

In a civil forfeiture proceeding under 21 U.S.C. § 881(a)(6), seized money is subject to forfeiture if it was: “(1) furnished or intended to be furnished in exchange for a controlled substance; (2) traceable to such an exchange; or (3) used or intended to be used to facilitate a violation of federal drug laws.” United States v. $191,910 in U.S. Currency, 16 F.3d 1061, 1071 (9th Cir.1994). In such a proceeding, the government must initially establish probable cause that the claimant’s money was connected to drugs. 21 U.S.C. § 881(d); 19 U.S.C. § 1615; United States v. $5,644,540.00 in U.S. Currency, 799 F.2d 1357, 1362 (9th Cir.1986). The determination of probable cause is based on “the aggregate of facts,” United States v. $98,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831, 105 S.Ct. 119, 83 L.Ed.2d 61 (1984), and “simply involves the question whether the information relied on by the government is adequate and sufficiently reliable to warrant the belief by a reasonable person that the [money] was” connected to drugs. United States v. One 56-Foot Yacht Named Tahuna, 702 F.2d 1276, 1282 (9th Cir.1983). Circumstantial evidence may suffice to establish probable cause for forfeiture. United States v. 1982 Yukon Delta Houseboat, 774 F.2d 1432 (9th Cir.1985).

To meet its burden of establishing probable cause, “the government must show that it had reasonable grounds to believe that the [money] was related to an illegal drug transaction, supported by less than prima facie proof but more than mere suspicion.” $5,644,540.00 in U.S. Currency, 799 F.2d at 1362. “To pass the point of mere suspicion and to reach probable cause, it is necessary to demonstrate by some credible evidence the probability that the money was in fact connected to drugs.” United States v. Dickerson, 873 F.2d 1181, 1184 (9th Cir.1988) (emphasis in original).

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

Related

Glessner v. Baughman
N.D. Indiana, 2024
Ortiz v. Morris
Massachusetts Appeals Court, 2020
Approximately $31,421.00 v. State
485 S.W.3d 73 (Court of Appeals of Texas, 2015)
Acosta, Victor Manuel
429 S.W.3d 621 (Court of Criminal Appeals of Texas, 2014)
United States v. Chin Chong
990 F. Supp. 2d 320 (E.D. New York, 2014)
United States v. Kitchell
653 F.3d 1206 (Tenth Circuit, 2011)
United States v. $107,840.00 in U.S. Currency
784 F. Supp. 2d 1109 (S.D. Iowa, 2011)
United States v. $49,790 in United States Currency
763 F. Supp. 2d 1160 (N.D. California, 2010)
Commonwealth v. One 1999 Honda Accord Automobile, VIN: 1HGCG1656XA042132
26 Mass. L. Rptr. 110 (Massachusetts Superior Court, 2009)
United States v. $493,850.00 in U.S. Currency
518 F.3d 1159 (Ninth Circuit, 2008)
In Re Twenty-Four ThouSand Dollars ($24,000) in United States Currency
171 P.3d 1240 (Court of Appeals of Arizona, 2007)
United States v. $12,840 in United States Currency
510 F. Supp. 2d 167 (D. Massachusetts, 2007)
People v. $280,020 United States Currency
866 N.E.2d 1232 (Appellate Court of Illinois, 2007)
State v. Keaweehu
129 P.3d 1157 (Hawaii Intermediate Court of Appeals, 2006)
State v. Romo-Uriarie
97 P.3d 1051 (Court of Appeals of Kansas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
39 F.3d 1039, 94 Cal. Daily Op. Serv. 8532, 94 Daily Journal DAR 15770, 1994 U.S. App. LEXIS 30996, 1994 WL 613703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-us-currency-3006000-albert-joseph-alexander-ca9-1994.