Nazem

Defendant contends his prosecution on narcotics charges was barred by the double jeopardy clause of the United States Constitution because of the completed forfeiture of money and property in a related civil action. We disagree and affirm.

Factual History

Inspector Hanley of the San Francisco Police Department received a phone call from United Parcel Service (UPS) indicating the company had received a package with an inadequate delivery address. An employee of UPS had opened the package and found $6,020 in cash and a note. Upon examining the note, Hanley concluded the cash was payment for a shipment of LSD. Hanley identified defendant as the intended recipient of the package.

On March 9, 1994, defendant was contacted by police and consented to a search of his home. Therein, officers found a large quantity of 3, 4-methyl-enedioxymethamphetamine, also known as MDMA or by its street name, Ecstasy. Additionally, officers found less than an ounce of marijuana, a loaded handgun, brass knuckles, paraphernalia consistent with the possession of MDMA for sale, and an additional $5,340 in cash. Apparently, officers also seized a watch and a cellular phone from defendant’s home.…