People v. $20,110 US CURRENCY

Health and Safety Code section 11488.4 is a civil forfeiture statute. [1] It allows authorities to seize assets related to criminal activities.

Inexplicably, the statute's requirements differ radically depending upon whether the value or sum seized is more or less than $25,000. Our opinion sheds no light on the reason for this distinction. The opinion will, we hope, explain why the forfeiture of $20,110 was not proper here.

Ricky C. Hill appeals a judgment of forfeiture of $20,110 currency found during execution of a search warrant in his residence. We reverse and remand for further proceedings.

On August 18, 2005, Hill filed a claim asserting an interest in $20,110 currency that was seized during a law enforcement search of his residence. On August 29, 2005, the district attorney filed a petition instituting a civil action for forfeiture of the currency pursuant to section 11488.4.

Pending the hearing, Hill filed a substitution of attorney form stating that his former attorney no longer represented him, and that he was representing himself.

The trial court held a hearing upon the matter on March 8 and 20, 2006. Neither Hill nor an attorney on his behalf…