In re SEIZURE OF $ 82,000 MORE OR LESS 119 F.Supp.2d 1013 (2000) CASE BRIEF

In re SEIZURE OF $ 82,000 MORE OR LESS

119 F.Supp.2d 1013 (2000)

NATURE OF THE CASE: Chapell (P) filed for the return of currency found in the gas tank of the car and the United States (D) filed for judicial foreclosure claiming the currency as drug proceeds.

FACTS: On February 15, 1996 a 1995 Volkswagen Golf was stopped for speeding and following too closely. The officer interviewed and became suspicious of both passengers in the vehicle. After a consensual search indicated fresh silicone on the undercarriage of the vehicle, the occupants were asked if they would mind bringing the vehicle to the Missouri State Highway Patrol garage for a more thorough inspection. The occupants agreed to do so. The police observed plastic baggies in the battery case. The plastic baggies contained foil-wrapped objects. When they opened the baggies and foil, they found $ 24,000 and noticed a strong odor of methamphetamine coming from the baggies. Lopez-Velez admitted that he had known that $ 24,000 was in the battery of the car and that the currency was from the sale of illegal drugs. Lopez-Velez stated that Cortez-Amezcua did not know about the currency. Lopez-Velez refused to name the person who had hired him to make the trip to St. Louis. The police seized the money and car as drug proceeds. The DEA initiated an administrative forfeiture action against the $24,000 and the 1995 Volkswagen Golf. Lopez-Velez contested the forfeiture. Lopez did not respond to a stipulation and the DEA declared the car and the $24,000 abandoned. The car was sold by the GSA and P purchased it. P took the car to be repaired for fuel problems. The mechanic found $82,000 in the fuel tank. He reported the find to the DEA. They seized the money. P filed for a return of the money and D filed for forfeiture. P moved for summary judgment.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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