Martin v. Indiana State Police, 1:06-CV-0452-DFH-WTL.

• Citation: 537 F.Supp.2d 974
• Decision Date: 29 January 2008
• Docket Number: No. 1:06-CV-0452-DFH-WTL.,1:06-CV-0452-DFH-WTL.
• Parties: Richard MARTIN, Plaintiff, v. INDIANA STATE POLICE, Dean Wildauer, and Other Unknown State Police Troopers, Defendants.
• Court: United States District Courts. 7th Circuit. United States District Court (Southern District of Indiana)

537 F.Supp.2d 974

Richard MARTIN, Plaintiff, v. INDIANA STATE POLICE, Dean Wildauer, and Other Unknown State Police Troopers, Defendants.

No. 1:06-CV-0452-DFH-WTL.

United States District Court, S.D. Indiana, Indianapolis Division.

January 29, 2008.

COPYRIGHT MATERIAL OMITTED

David R. Hennessy, Jeffrey S. McQuary, Richard L. Brown, Jr., Brown Tompkins Lory, Indianapolis, IN, for Plaintiff.

Donald G. Banta, Indiana State Attorney General, Indianapolis, IN, for Defendants.

ENTRY ON MOTIONS FOR SUMMARY JUDGMENT

DAVID F. HAMILTON, Chief Judge.

This case presents some interesting questions that arose when Indiana law enforcement authorities transferred to federal authorities the property (cash) that they had seized under the authority of an Indiana state court's search warrant without obtaining the state court's permission for the transfer. As will be seen below, the court answers some of the questions and remands others to the state courts.

Indiana State Police Trooper Dean Wildauer received information that plaintiff Richard Martin's residence in Indianapolis was the site of a marijuana growing operation. After examining Martin's trash and discovering evidence of illegal drugs, Trooper Wildauer obtained a search warrant for Martin's residence. While searching the residence, Indiana State Police troopers discovered and seized more than $300,000 in U.S. currency that was buried in Martin's flowerbeds. Trooper Wildauer contacted the United States Customs and Border Patrol to determine if the agency would be interested in initiating a federal forfeiture for the seized currency. U.S. Customs agreed to a federal forfeiture and contacted Martin to inform him of the federal forfeiture. Martin failed to respond with a timely challenge to the federal forfeiture, and U.S. Customs completed an administrative forfeiture.

Martin filed this lawsuit in state court against the Indiana State Police, Trooper Wildauer, and other unknown State Police troopers. The defendants who had been served with process then removed the case to this court pursuant to 28 U.S.C. § 1441(b) and 1446. Martin seeks relief under 42 U.S.C. § 1983 for alleged violations of his. Fourth and Fifth Amendment rights under the United States Constitution. Martin also asserts claims under Indiana law for violations of the Indiana Constitution, conversion, and violations of Indiana forfeiture statutes. Both sides have filed motions for summary judgment. As explained in detail below, the stipulated facts show that the defendants did not violate Martin's Fourth or Fifth Amendment rights. The stipulated facts certainly indicate that the state troopers circumvented or even violated Indiana law by transferring the property to a federal agency without an order from the court that issued the search warrant that provided authority for the seizure of the property. However, that issue and the formulation of any appropriate remedy for such violations are matters for the state courts and the enforcement of state law. The court grants summary judgment for defendants on the federal claims and remands Martin's state law claims to the state court where he originally sought relief.

Summary Judgment Standard

Summary judgment must be granted "if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law." Fed. R.Civ.P. 56(c). The fact that the parties have filed cross-motions for summary judgment does not affect the applicable standard; the court should deny both motions if there is a genuine issue of material fact. See, e.g., Heublein, Inc. v. United States, 996 F.2d 1455, 1461 (2d Cir.1993). Summary judgment should be granted if no rational fact finder could return a verdict in favor of the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A court's ruling on a motion for summary judgment is akin to that on a motion for directed verdict. The essential question for the court in both, is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Id. at 251-52, 106 S.Ct. 2505. When ruling on the motion, the court must construe the evidence in the light most favorable to the non-moving party and must draw all reasonable inferences in that party's favor. Id. at 255, 106 S.Ct. 2505. If the nonmoving party bears the burden of proof on an issue at trial, that party "must set out specific facts showing a genuine issue for trial." Fed.R.Civ.P. 56(e); see also Silk v. City of Chicago, 194 F.3d 788, 798 (7th Cir.1999).

Facts For Summary Judgment

The parties stipulated to the following facts for purposes of summary judgment. Dean Wildauer, Charles Wix, Dennis Wade, and William Etter are troopers with the Indiana State Police Department ("ISP"). Troopers Wildauer, Wix, Wade, and Etter are cross-deputized officers of the United States Customs and Border Patrol ("U.S.Customs"). Cross-deputized officers are "task force officers" who work jointly with U.S. Customs agents. They do not receive federal badges but do receive identification cards. U.S. Customs pays the ISP to cover the expense of the officers' overtime incurred on U.S. Customs assignments.¹

When cross-deputized officers seize more than $10,000 in U.S. currency, they have the option to take the money either to an Indiana county prosecutor or to one of several federal agencies.² As cross-deputized officers, Troopers Wildauer, Wix, Wade, and Etter could seize money pursuant to federal law. Under federal forfeiture proceedings, ISP would receive eighty percent of the seized funds. Stipulated Facts ("S.F.") ¶ 54. In a state forfeiture proceeding, by contrast, ISP would be reimbursed for its expenditures, but the remainder of the money would be distributed among the county prosecutor's office, a teachers' fund, and other State entities. S.F. ¶ 18.

In February 2004, Trooper Wildauer received information indicating that the residence at 514 Peach Tree Lane, Indianapolis, Indiana, owned by Richard and Pamela Martin, was the site of a marijuana growing operation. Trooper Wildauer investigated the trash from the Peach Tree Lane residence. He discovered several items, including pieces of paper with the names of both Richard and Pamela Martin on them, marijuana stems, and a marijuana "roach." Pl.Ex. 1 at 5. On March 3, 2004, Trooper Wildauer submitted an affidavit to Judge Ault of the Marion Superior Court requesting a search warrant for the residence at 514 Peach Tree Lane. The affidavit included a description of Trooper Wildauer's knowledge about drugs and drug trafficking, information he gathered from the informant, and evidence he obtained from the trash. Pl.Ex. 1 at 2-6. Judge Ault issued a search warrant that authorized the troopers to enter the residence with the following description:

A one story single family dwelling, with white and green siding, a green colored shingle roof, an enclosed front porch, a brown mailbox sits in front of the residence with the numbers 514 on the front of the mailbox, a large tree is in the front yard in front of the enclosed front porch, a chain linked fence is on one side of the residence and a tall privacy fence is on the other. The residence is located at 514 Peach Tree Lane, Indianapolis, Marion County, Indiana 46219.

S.F. Ex. A. The search warrant authorized the troopers to search for and seize the following materials:

Marijuana, materials used to grow marijuana, drug paraphernalia, proceeds from drug sales, drug ledgers, documents related to the crime of dealing marijuana, any materials related to the distribution of illegal drugs, any locked boxes or safes that can not be opened at the residence.

S.F. Ex. A.

On March 3, 2004, at approximately 10:00 p.m., Troopers Wildauer, Wix, Wade, and Etter and officers from the Lawrence Police Department executed the search warrant. None of the troopers searching the residence were full-time U.S. Customs agents, but they were operating under U.S. Customs authority, which paid for their overtime. Both Richard and Pamela Martin were present during the search. Wade was in charge of searching the residence. Inside the residence, the troopers located:

a bag of marijuana by female shoes, a marijuana plant growing operation that consisted of approximately one hundred and thirty three (133) plants, equipment to facilitate the growth of the marijuana plants, three large PVC pipes modified so that items could be stored in the pipes, five drying marijuana plants, boxes of plastic bags containing marijuana, and account ledgers with detailed transaction histories.

S.F. ¶ 38.

In addition, a police dog aptly named "Max on the Money" detected and signaled the presence of currency in flowerbeds less than one foot from the house. The troopers dug less than a foot into the flowerbeds and discovered buried PVC piping.³ The troopers opened the piping and discovered $306,920 in U.S. currency. S.F. ¶ 42. Trooper Wildauer did not instruct the troopers to dig in the flowerbeds but did assist in recovering some of the money from the flowerbeds. Trooper Wix transported the money from the residence not to the Marion Superior Court that issued the warrant authorizing the seizure, but to Bank One in Indianapolis, Indiana.

During the search of the residence, the troopers were in contact with U.S. Customs. Following the search, Trooper Wildauer called Agent Materrelli, a U.S. Customs agent, and, asked him if he would be interested in pursuing a federal forfeiture.⁴ Agent Materrelli agreed and told Trooper Wildauer that he would meet him at the bank the next day. S.F. ¶ 50. Agent Materrelli met Troopers Wildauer, Wix, Wade, and Etter at Bank One. Bank One counted and accepted the money and in exchange issued a cashier's check to U.S. Customs and the United States...