People v. $28,500 United States Currency

Facts and Procedural History

Law enforcement officers seized $28,500 from the interior of Edwin Esqueda’s truck following his arrest for driving under the influence on August 28, 1992.

On September 4, 1992, Ramon Aguilar filed a Health and Safety Code section 11488.5 claim with the Stanislaus Superior Court challenging the forfeiture of the money confiscated.

On September 30, 1992, the People filed a complaint in the same action seeking forfeiture of the $28,500 pursuant to section 11470 et seq. The complaint listed Aguilar as the real party in interest and alleged that , the money was seized from Esqueda following his arrest for driving under the influence. It listed the following factors as indicators that the money seized was related to a violation of possession for sale and/or sale of a controlled substance: the presence of a pager and cellular telephone in the truck; the large amount of money involved and the manner in which it was carried (in a brown paper bag which was inside a brown plastic bag), the small denominations of the bills confiscated; the canine alert to the money; and Esqueda’s claimed lack of knowledge as to the owner of the money. The complaint…