$47,050

Gregory Smart Hampton appeals from a judgment holding that $47,050 found in a search of Hampton’s residence is forfeited pursuant to Health and Safety Code section 11470.

Facts

On May 31, 1990, Hampton filed a claim asserting an interest in $47,050 that was seized in a search of his home. On June 18, 1990, the district attorney filed a petition instituting a civil action for forfeiture of the money pursuant to Health and Safety Code section 11488.4.

A bench trial was held on October 29, 1991. Robert Bastida, who was employed by the district attorney as an inspector, testified that he obtained and served a warrant to search for cocaine and other indicia of drug trafficking on Hampton’s residence. The search disclosed 84.53 grams of marijuana. Bastida testified that he recovered .34 grams of a white powder substance that he believed to be cocaine. In his opinion, the substance he believed to be cocaine was not possessed for the purpose of sale. Bastida found a digital electronic scale in the garage that could measure grams and kilograms. In the master bedroom, Bastida found $47,050 in cash. In the same room, he found a shotgun and a pistol. Bastida also seized tax…