People v. $25,000 United States Currency

Good Law
131 Cal. App. 4th 127·2005 Cal. App. LEXIS 1113·2005 Daily Journal DAR 8709·31 Cal. Rptr. 3d 637·2005 Cal. Daily Op. Serv. 6348
Court of Appeal of CaliforniaJune 29, 2005A106116California2,860 words

Opinion

Opinion

Sepulveda, J.

The police seized $25,000 in cash during a warrant-authorized search of a residence for drugs. The superior court issued an order transferring the money to the federal government, and the federal government has instituted proceedings to declare the money forfeited as drug sale proceeds. ( 21 U.S.C. § 881 (a)(6).) Appellant Paul L. Fields, Jr., claims ownership of the disputed property, and challenges the superior court’s turnover order. We affirm the order.

FACTS

On March 5, 2000, Areata police officers searched a residence for marijuana pursuant to a search warrant issued by a Humboldt County Superior Court judge. The officers seized a duffel bag containing $25,000 in $100 bills during the course of the search. Appellant Paul L. Fields, Jr., who was visiting the residence at the time of the search and seizure, claimed ownership of the money. No criminal charges relating to this incident were ever filed against Fields.

On March 6, 2000, the Humboldt County District Attorney’s Office issued a receipt for the seized currency, with notification that “procedures to forfeit this property are underway” under California statutory provisions authorizing forfeiture of proceeds…

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