$6,000 v. State ex rel. Miss. Bureau of Narcotics
Decision Date | 27 August 2015 |
Docket Number | No. 2013–CT–01034–SCT.,2013–CT–01034–SCT. |
Citation | 179 So.3d 1 |
Parties | SIX THOUSAND DOLLARS ($6,000) v. STATE of Mississippi ex rel. MISSISSIPPI BUREAU OF NARCOTICS. |
Court | Mississippi Supreme Court |
Thomas P. Welch, Jr., Jackson, attorney for appellant.
Senica Manuel Tubwell, attorney for appellee.
EN BANC.
ON WRIT OF CERTIORARI
KING, Justice, for the Court:
¶ 1. After failing to stop at a checkpoint in Jefferson Davis County, John Cole attempted to evade law-enforcement officers before subsequently crashing into a trailer. Cole ran on foot into the nearby woods and was shortly detained. A search of the area produced $6,000 in cash, which the Mississippi Bureau of Narcotics (MBN) claimed was found in close proximity to controlled substances. The MBN sought forfeiture of the property, and Anthony Brown filed a petition to contest. Brown contended that he was an innocent owner of the cash and that forfeiture was therefore improper. We affirm the judgment of the Court of Appeals as to forfeiture and find that Brown's claim fails by default for lack of proof of an ownership interest in the property.
FACTS AND PROCEDURAL HISTORY
¶ 2. The facts are taken directly from the Court of Appeals opinion:
Six Thousand Dollars v. State ex rel. Mississippi Bureau of Narcotics, 179 So.3d 7, 2014 WL 4814873 (Miss.Ct.App.2014). The Court of Appeals affirmed the judgment of the trial court and held that the lower court did not abuse its discretion in permitting Agent Sullivan and McMahan to testify. The Court of Appeals also held that the trial court did not err in determining that the currency was in close proximity to controlled substances and that Brown had failed to rebut the presumption that the currency was subject to forfeiture.
¶ 3. Brown filed a petition for writ of certiorari, raising two issues:
ANALYSIS
¶ 4. Galloway v. City of New Albany, 735 So.2d 407, 410 (Miss.1999) (citations omitted).
¶ 5. Under the forfeiture statute, "[a]ll monies, coin and currency found in close proximity to forfeitable controlled substances ... are presumed to be forfeitable under this paragraph; the burden of proof is upon claimants of the property to rebut this presumption." Miss.Code Ann. 41–29–153(a)(7) (Rev.2005). The Legislature provided for an innocent-owner exception to subsection (a)(7), which states that property under subsection (a)(7) shall not be forfeited if an owner has no knowledge of the act committed.1 Brown contested the forfeiture of $6,000 under the innocent-owner exception, claiming that the money was seized illegally by the MBN.
¶ 6. The Court of Appeals affirmed the judgment of the trial court and reasoned that Brown had failed to establish a prima facie case that he possessed an ownership interest in the property. It is clear that, under the innocent-owner exception to the forfeiture statute, the third party contesting forfeiture must first prove an ownership interest in the seized property. In the majority of cases contesting forfeiture under this exception, ownership of the property, or an ownership interest in the property, is clear through title, deed, or possession. Here, Brown claims ownership of currency that was seized from a location where he was not present. Brown argues that no evidence was put forth that the seized currency did not belong to him, yet it is Brown's burden to prove an ownership interest in the property. Brown testified that he found on the internet a car for sale in Hattiesburg that he wanted to purchase, but did not recall on what website the car was for sale. Brown could not recall the seller of the vehicle, the exact year of the vehicle, or how much the seller was asking for the vehicle. Brown merely testified, without corroboration, that he gave Cole $6,000 in cash to...
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