People v. Ten $500 Barclays Bank Visa Traveler's Checks

This case concerns the application of Health and Safety Code section 11488.4, subdivision (a), which provides in pertinent part that a complaint for forfeiture of the alleged proceeds of drug trafficking must be filed “within one year of the seizure of the property which is subject to forfeiture . . . .” The trial court concluded that a forfeiture complaint was barred by this statute of limitations and sustained a claimant’s demurrer without leave to amend. The People appeal. We affirm.

Factual and Procedural Background

Claimant and real party in interest Spirit Acacia Connell, also known as Acacia Scully, was stopped by San Rafael police for a traffic violation in April 1989. Her car was searched. Among the items seized were cocaine, crack cocaine pipes and other drug paraphernalia, and ten $500 VISA traveler’s checks. The checks were unsigned, but the name Aaron Mikhal Sanfield was printed on the book as the purchaser. Connell was arrested for various Vehicle Code offenses and controlled substance offenses. The checks were seized as potentially stolen property. However, the police were unable to locate Sanfield, and the checks were never reported stolen. Subsequent…