Icenogle

This is an appeal from a court order requiring appellants to return $5,680 in cash which was seized in a criminal case involving Lee Arthur Icenogle (Icenogle). Appellants contend that the subject money was forfeited to the federal government pursuant to federal statute and that the court abused its discretion in ordering them to restore property which was no longer under their control. Without reaching the question of whether the federal government properly “adopted” the original seizure, we agree that the trial court erred in its order and reverse the judgment.

Background

On December 9, 1982, Los Angeles police executed a search warrant at Icenogle’s residence, and they arrested him for possession of a controlled substance in violation of Health and Safety Code section 11351. One of the arresting officers then phoned an agent of the United States Drug Enforcement Administration to report that in connection with having served a search warrant on a suspected heroin dealer, the officer had seized more than $5,000 in cash. Shortly thereafter, federal agents went to talk to the officer at police headquarters.

After telling the federal agents that he thought that the money…