State v. $11,014.00
| Decision Date | 23 October 1991 |
| Docket Number | No. D-1289,D-1289 |
| Citation | 820 S.W.2d 783 |
| Parties | The STATE of Texas v. $11,014.00 and Willard Wilks. |
| Court | Texas Supreme Court |
Don J. Clemmer, John B. Holmes, Jr., Houston, for appellant.
Gerbert Gee, Houston, for appellee.
This case presents the question whether the court of appeals erred in finding there was no evidence to support the trial court's judgment in a drug-related forfeiture case.
The State brought this action to obtain the forfeiture of $11,014 in U.S. currency recovered by a Houston police officer during a search of Willard Wayne Wilks. The trial court found that Wilks had derived the money from the sale and/or distribution 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 error.
Money is subject to forfeiture if it is derived from or intended for use in manufacturing, delivering, selling, or possessing a controlled substance. Tex.Rev.Civ.Stat.Ann. art. 4476-15 § 5.03(a)(6) (repealed by Act of June 14, 1989, 71st Leg., R.S., ch. 678, §§ 1, 13(1), 1989 Tex.Gen.Laws 3156; codified in Act of August 2, 1989, 71st Leg., C.S. ch. 12, § 1, 1989 Tex.Gen.Laws 14, 14; currently Tex.Crim.Proc.Code Ann. art. 59.01(2)(B)(i), 59.02(a).
In forfeiture proceedings, the state must show probable cause for seizing a person's property. Tex. Const. art. I, § 9. Probable cause in a forfeiture proceeding "is a reasonable belief that a 'substantial connection exists between the property to be forfeited and the criminal activity defined by the statute.' " $56,700 in U.S. Currency v. State, 730 S.W.2d 659 (Tex.1987) (quoting United States v. $364,960.00 in U.S. Currency, 661 F.2d 319, 323 (5th Cir.1981)).
In the present case, the court of appeals held there was no evidence of a substantial connection between the property to be forfeited and the criminal activity defined by the statute. 808 S.W.2d at 291. When considering a question of no evidence the court may only consider the evidence and inferences tending to support the finding and must disregard all evidence and inferences to the contrary. $56,700, 730 S.W.2d at 661; Garza v. Alviar, 395 S.W.2d 821, 823 (Tex.1965).
The following evidence supports the finding of the trial court. R.L. Slay, an officer with the Narcotics Division of the Houston Police Department, observed Wilks deplaning a Continental flight from New York City at Hobby Airport. Slay was a nineteen-year Houston Police Department veteran who had been assigned to the Airport Detail of the Narcotics Division for the previous eight years. Slay had received special training in the use of drug courier profiles which aided him in identifying potential drug smugglers. This procedure involved monitoring flights to and from known drug distribution centers and watching for any unusual or suspicious behavior consistent with drug trafficking.
Slay was observing the passengers deplaning from Wilks' Continental flight because this particular route was frequented by people transporting drugs or drug money between Houston and New York City. While watching for people who did not fit the normal flow of passengers, Slay saw Wilks step away from the other passengers and stand off to one side. Wilks began looking around the area in a suspicious manner. Wilks carried a single suitcase which appeared to be very light. This indicated to Slay that Wilks might be in Houston to pick up a controlled substance or that the suitcase contained money intended to be used to purchase a controlled substance.
Slay followed Wilks as he started toward the baggage area. Wilks appeared to be very nervous and continued to scan the area, looking back and forth. Slay then approached Wilks and asked if he could speak with him. Wilks agreed. Wilks stated that he had just arrived from New York City but that he no longer had his ticket. Slay noted that drug couriers commonly travelled under assumed names and would leave their...
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...is usually the case. That is why the law allows motive, or any ultimate fact, to be proved by circumstantial evidence. State v. $11,014.00, 820 S.W.2d 783, 785 (Tex.1991); Investment Properties Management, Inc. v. Montes, 821 S.W.2d 691, 695 (Tex.App.--El Paso 1991, no writ); Paragon Hotel ......
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