Bruno

United States v. $493,850.00 in U.S. Currency

Good Law
518 F.3d 1159
United States Court of Appeals for the Ninth CircuitMarch 12, 200806-15225California4,659 words

Opinion

Opinion

Beezer, J.

Roy Bruno (“Bruno”) and Miguel Camacho (“Camacho”) (collectively, “Claimants”) appeal the magistrate judge’s order granting summary judgment in favor of the government in its civil forfeiture action against $493,850 in U.S. currency and one 1993 Ford F-350 truck. We affirm.

I

On June 3, 2003, Officer John McFarland (“McFarland”) of the Arizona Highway Patrol observed a Ford truck with Florida license plates swerve over the center line on an Arizona highway. McFarland pulled the truck over and approached the driver. As he approached, McFarland could smell the strong odor of air freshener, which, in his experience, suspects often used to cover the odor of narcotics. He questioned the driver, Camacho, and the passenger, Bruno. McFarland noted some minor inconsistencies between their statements, but issued Camacho a warning and told him that he was free to leave.

As Camacho walked back towards the truck, McFarland called Camacho back and began talking to him about drug trafficking. McFarland asked for, but did not receive, consent to search the truck. McFarland also asked for, and eventually received, consent to run a drug-sniffing dog around the truck. The dog alerted. McFarland…

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