People v. $48,715 United States Currency

Candelario Angulo Perez appeals from a summary judgment of forfeiture pursuant to Health and Safety Code section 11470 et seq. (See § 11488.5, subd. (c)(3); Code Civ. Proc., § 437c.) Appellant contends his motion to suppress evidence should have been granted and that respondent failed to establish, at the hearing on appellant’s motion for return of the seized property, probable cause to believe the property, approximately $80,000 in cash, was forfeitable. We affirm.

Facts and Procedural History

On July 30,1995, appellant was a passenger in a 1995 Dodge Ram pickup truck headed south on Highway 99 near Bakersfield. The bed of the truck was loaded with luggage and bags of pasture seed. Appellant’s brother owned the truck, which was registered in the state of Sinaloa, Mexico, and bore license plates from that state.

The truck was overloaded, causing the rear axle to break. One of the rear wheels sheared off, and the disabled truck came to a stop in the center divider. By the time a tow truck arrived, it was about 9 p.m. The driver of the pickup, Nieblas, spoke with the tow truck driver, Christopher Dodd. He offered Dodd double the price if he could find someone to fix the…