United States of America, Alice Harris, Claimant/appellant v. U.S. Currency, $83,310.78

In this civil forfeiture proceeding, Alice Harris (Harris) appeals from the denial of her motion under Fed.R.Crim.P. 41(e) for the return of currency seized from her residence and from the order granting summary judgment against her on the merits of her claim that the government lacked probable cause to believe the currency seized was connected to an illegal drug transaction.

We must first decide whether it is proper to deny a Rule 41(e) motion for the return of property and the suppression of evidence after the filing of a civil action for its forfeiture. We conclude that dismissal of a Rule 41(e) petition is compelled by Fed.R. Crim.P. 54(b)(5). We next consider whether there was probable cause to believe that the currency seized was connected to an illegal drug transaction. Because the aggregate of facts show that probable cause existed to support the forfeiture, we affirm the order granting the government’s motion for a summary judgment. We discuss each issue and the facts pertinent thereto under separate headings.

I.

Viability of a Rule 41(e) Motion After the Filing of a Forfeiture Action

On March 10, 1985, officers of the Vallejo Police Department seized $125,-410.00…