People v. $241,600 UNITED STATES CURRENCY

Anthony Anderson, Sr. (claimant) appeals summary judgment and entry of judgment of forfeiture of $241,600 (the money), in favor of the People of the State of California (the People). Claimant contends the trial court erred in granting the People’s summary judgment based on the finding claimant lacked standing to oppose the People’s forfeiture action. Claimant asserts he had a legal and equitable possessory interest in the money as the finder of lost or abandoned property. Even though claimant signed waivers and disclaimers of any interest in the money, claimant contends the waivers and disclaimers were invalid because he did not do so knowingly, intelligently, and voluntarily. Claimant further contends the Blythe Police Department seized the money pursuant to an illegal detention, search, and seizure; and, therefore, the trial erred in denying claimant’s motion to suppress the money and related evidence pursuant to Penal Code section 1538.5.

We conclude triable issues of material fact exist as to whether claimant had standing to oppose the People’s forfeiture action and as to whether claimant “knew or should, have known of facts which made the property subject to…