United States v. $29,959.00 U.S. Currency, and Robert Navarro, Sara Navarro, Consuelo Navarro, Claimants-Appellants
Opinion
Opinion
Boochever, J.
Robert G., Sara, and Consuelo Navarro appeal the district court’s judgment of forfeiture of $29,959.00 in currency following a bench trial. The Navarros contend that clerical errors made by the government and the district court, combined with a premature execution of the judgment, prevented them from filing a stay of execution of forfeiture. Additionally they claim that the police did not have probable cause to seize the currency, and that even if they did, the Navarros gave legitimate alternative origins for the currency. Although the currency has been transferred to the United States Treasury, we find that we have jurisdiction of this case because of errors in the foreclosure procedure. On the merits, however, we AFFIRM.
BACKGROUND
On April 17, 1987 officers of the Baldwin Police Department executed a narcotics search warrant on a single family residence and trailer at 2228 Troy Avenue in South El Monte. The police found quantities of cocaine and marijuana, a police scanner, scales, and other narcotics paraphernalia in the trailer. Empty bags and paint cans coated with a green leafy residue resembling marijuana were in the yard. A search of the main house uncovered $29,-959.00…