People v. $17,522.08 UNITED STATES CURRENCY

In this civil forfeiture proceeding under Health and Safety Code section 11469 et seq., we consider whether a claimant must be expressly informed of and expressly waive on the record his or her constitutional and statutory right to a jury trial. Appellant Estella Pierce, who represented herself throughout the forfeiture proceedings at issue in this case, contends that the judgment of forfeiture must be reversed as the record is silent as to whether she knowingly waived her right to a jury trial or gave informed consent to a court trial. Appellant also contends that the almost six-month delay between the seizure of the property and cash at issue and the filing of the petition of forfeiture violated her Fourth Amendment and due process rights.

In the unpublished portion of this opinion we find that because appellant had the ability and opportunity to seek prompt post-seizure, pretrial judicial review of the probable cause warranting the forfeiture, and she did not raise the filing-delay issue below, appellant has not shown a denial of her Fourth Amendment or due process rights. In the published portion of the opinion we find that a claimant’s failure to request a jury…