$11,014.00 v. State
| Decision Date | 25 April 1991 |
| Docket Number | No. 01-90-00676-CV,01-90-00676-CV |
| Citation | 808 S.W.2d 288 |
| Parties | $11,014.00, Appellant, v. The STATE of Texas, Appellee. (1st Dist.) |
| Court | Texas Court of Appeals |
Herbert Gee, Houston, for appellant.
John B. Holmes, Jr., Harris Co. Dist. Atty., Don Clemmer, Asst. Harris Co. Dist. Atty., for appellee.
Before SAM BASS, HUGHES and DUNN, JJ.
This is an appeal from a judgment of forfeiture. The trial court ordered $11,014, owned by Willard Wayne Wilks, forfeited to the Harris County District Attorney's Office.
R.L. Slay, an officer with the airport detail of the Narcotics Division of the Houston Police Department, testified that he was working at Hobby Airport on July 19, 1987. Slay saw Wilks deplaning a Continental flight from New York City. Slay stated that the flight was one frequently used by people transporting narcotics, and Wilks fit the general profile of someone transporting narcotics. When he deplaned, Wilks stepped to one side of the other passengers and looked around. Wilks then walked toward the baggage claim area. He seemed extremely nervous and kept glancing over his shoulder. He was carrying one bag, which Slay stated seemed to be extremely light. In Slay's experience, the light bag indicated Wilks was going to pick up a load of marijuana or was carrying a large amount of money to purchase narcotics.
Slay and an immigration agent followed Wilks. Slay asked Wilks if he could speak to him, and Wilks agreed but appeared extremely nervous. Wilks told Slay that although he had just arrived on the flight from New York, he did not have a ticket. Slay asserted that since most drug traffickers fly under assumed names, they leave their tickets on the airplane.
Wilks then admitted he was from Jamaica, but he did not have his immigration papers with him. The immigration agent placed Wilks under arrest, and the agent and Slay took Wilks to the airport police room. When the officers asked Wilks to empty his pockets, he produced a large bundle of cash wrapped with a rubber band. Slay asked Wilks if he was carrying any more cash, and Wilks admitted he was carrying more in his suitcase.
When Slay opened the suitcase, he found it was not full; in fact, it only contained three or four articles of clothing and four or five large bed sheets. Two large bundles of cash were wrapped in the sheets. According to Slay, marijuana transported out of Houston is usually wrapped in bed sheets or blankets. Wilks told Slay the money was to be used to buy a used van.
Slay placed the cash back in the suitcase, hid the suitcase in the room, and called for a narcotics detection dog. The dog searched the room and "alerted" on the suitcase. Slay stated that when the dog "alerted" on the suitcase, the dog was indicating he smelled narcotics in the suitcase. The dog was then taken out of the room, and the money was taken out of the suitcase and hidden in the room. When the dog was brought back in, it located where the money was hidden. Slay seized the money because he believed the money was to be used to buy marijuana.
On cross-examination, Slay admitted that he never observed Wilks attempt to buy or sell any narcotics. No narcotics were found on Wilks or in his possession. Furthermore, Slay admitted that no further tests were performed on the money to definitely establish whether any narcotics residue was present on the bills.
Wilks testified that after he got off the flight, he was stopped by immigration agents. When they asked him for his ticket, he told them he did not have it because his sister-in-law had it. He was then arrested by the immigration agents. They took him to a room where they asked how much money he had. Wilks claimed he told them he had $11,017.96; they returned $3.96 to him because it was change. Wilks confirmed that a dog was brought into the room, but denied that it "alerted" to the suitcase or any other area where the money was located. The officers then told Wilks they were keeping the money for forfeiture. Wilks denied that the money was to be used to purchase narcotics; he stated that it was to be used to purchase a used van.
On cross-examination, Wilks asserted that he had borrowed the money from relatives and had come to Houston to buy a van because he believed he could get a van in better condition, with less mileage, and at a better price than he could in New York. He claimed that he had talked to a friend, who lived in Houston, about buying the van. Wilks stated that his friend's name was Vincent, but he could not remember his last name. In addition, while Wilks did know the general area where Vincent lived, he did not know his address.
The trial court entered judgment that the $11,014 be forfeited to the Harris County District Attorney's Office. The trial court found that the money was derived from the illegal delivery of a controlled substance and intended for use in violation of the law in effect at the time, TEX.REV.CIV.STAT.ANN. art. 4476-15, § 4.052(a) (). 1 Thus, the $11,014 was subject to forfeiture under TEX.REV.CIV.STAT.ANN. art. 4476-15, § 5.03(a)(6) (). 2
Money is subject to forfeiture if it is derived from or intended for use in manufacturing, delivering, selling, or possessing a controlled substance. § 5.03(a)(6). The State has the burden to show probable cause for seizing a person's money. $56,700 In U.S. Currency v. State, 730 S.W.2d 659, 661 (Tex.1987). The State must show a reasonable belief that there is a substantial connection between the money and criminal activity. Id. The State must prove, by a preponderance of the evidence, that the money was, more likely than not, derived from or intended for use in the manufacture, delivery, sale, or possession of a controlled substance. Valles v. State, 646 S.W.2d 636, 638 (Tex.App.--Houston [1st Dist.] 1983, no writ). The State must do more than raise a mere surmise or suspicion concerning the source or intended use of the money. Id.
The first point of error asserts that there was no evidence to support the judgment of the trial court.
In determining whether there is no evidence to support a judgment, an appellate court should consider only the evidence and inferences that tend to support the judgment and disregard all...
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State v. $11,014.00
...of a controlled substance. The court of appeals reversed, holding there was no evidence to support the judgment of the trial court. 808 S.W.2d 288. We reverse the judgment of the court of appeals and remand to the court of appeals for it to consider Wilks' other points of Money is subject t......
- $11,014.00 v. State