U.S. v. $107,840.00 In U.S. Currency, 1:09–cv–036.

• Decision Date: 29 April 2011
• Docket Number: No. 1:09–cv–036.,1:09–cv–036.
• Citation: 784 F.Supp.2d 1109
• Parties: UNITED STATES of America, Plaintiff,v.$107,840.00 IN U.S. CURRENCY, more or less, Defendant,Errett Pusey, Claimant.
• Court: U.S. District Court — Southern District of Iowa

784 F.Supp.2d 1109

UNITED STATES of America, Plaintiff,

v.$107,840.00 IN U.S. CURRENCY, more or less, Defendant,Errett Pusey, Claimant.

No. 1:09–cv–036.

United States District Court, S.D. Iowa.

April 29, 2011.

Maureen McGuire, U.S. Attorney's Office, Des Moines, IA, for Plaintiff.

ORDER

ROBERT W. PRATT, Chief Judge.

Before the Court is a Motion for Summary Judgment, filed by the Government on January 21, 2011. Clerk's No. 9. Errett Pusey (“Claimant”) filed a Response on February 14, 2011. Clerk's No. 11. On March 1, 2011, the Government filed a Reply. Clerk's No. 14. Claimant also filed a Motion to Suppress on March 11, 2011. Clerk's No. 16. The Government filed a Response to the Motion to Suppress on March 15, 2011, and a Supplemental Response on March 17, 2011. Clerk's Nos. 17, 18. On March 18, 2011, the Court held a hearing on the Government's Motion for Summary Judgment and the Claimant's Motion to Suppress. Clerk's No. 19. The matters are fully submitted.

I. FACTUAL BACKGROUND

A. The Traffic Stop

On April 9, 2009, Claimant was driving a rented pickup truck west on Interstate 80 with a four-wheel recreational vehicle secured to the truck bed. See Gov't Statement of Material Facts Not in Dispute (hereinafter “Gov't Facts”) (Clerk's No. 9.2) ¶ 1. As he approached Council Bluffs, Iowa, Claimant was stopped for speeding by police officer Kenneth Haas (hereinafter “Officer Haas”). See id. During the stop, while sitting in Officer Haas' police vehicle, Claimant informed Officer Haas that he had flown to Maryland from his home in San Francisco, California and was in the process of driving back. See id. ¶ 4. He also explained that, although the rental agreement stated that the vehicle was to be returned to Maryland, Claimant planned on returning it to California. See id. After issuing Claimant a warning for speeding, Officer Haas told him that he “was free to go.” See Br. in Supp. of Mot. to Suppress (hereinafter “Suppression Br.”) (Clerk's No. 16.1) at 1.

As Claimant began to walk back to his vehicle, Officer Haas asked him if he had any controlled substances or large sums of money in his vehicle. See Video Recording of Traffic Stop (hereinafter “Recording”) at 8:52.¹ Claimant replied that he did not. See id. Officer Haas then asked permission to search Claimant's vehicle. Id. Claimant replied, “No, that's fine, I'd just like to get on my way, but if you want to, yeah.” Id. Officer Haas asked him again if it was alright if he searched the vehicle. Claimant replied, “Well, I don't, it's fine. I'd just rather save the time to be honest with you, there's nothing for you to find.” Id. Officer Haas then stated that he would work as quickly as possible, to which Claimant replied, “okay.” Id.

Officer Haas next asked Claimant if he would sign a form consenting to the search. Id. at 8:53. While Claimant was signing the form, he asked Officer Haas what would happen if he refused to consent to the search. Id. at 8:55. Officer Haas replied that Claimant was free to do so, and if he did refuse, then “what I would do is ask you to let me run a dog around the vehicle.” Id. at 8:55–56. Claimant signed the consent to search form. Id. at 8:58. Claimant also consented to a pat-down search of his person. Id. Officer Haas conducted the pat-down search, but did not find any contraband. Id. at 8:59. Claimant then waited in the back seat of Officer Haas' vehicle while Officer Haas and several other officers searched Claimant's vehicle. Id.

After searching the vehicle for approximately five minutes, one of the officers found a blank prescription pill bottle with an unidentified pill in it. Id. at 9:03. The officers suspected that the pill was ecstasy. Id. However, Claimant informed the officers that it was Suboxone.² Id. at 9:04. He stated that a friend had given him the pill because he had recently stopped using heroin. Id. He also said that he did not have a prescription for the pill, although he did not believe that one was necessary. Id. at 9:05. At this point, one of the officers placed Claimant in handcuffs as the other officers continued searching his vehicle. Id.

Approximately twenty-five minutes into the search, officers found $104,840.00 in Claimant's suitcase (hereinafter the “defendant currency” or “currency”). ³ Id. at 9:26. The money was hidden behind a velcro liner which created a false side to the suitcase. See Gov't Facts ¶ 7. The money was heat-sealed in plastic packaging. Id. Also, at some point during the search, the officers located five empty snowboard bags in Claimant's vehicle. See Gov't App. to Mot. for Summ. J. (hereinafter “Gov't App.”) at 37. The officers seized Claimant's vehicle and all its contents.

After discovering the currency, Officer Haas read Claimant a Miranda ⁴ warning and transported him to the police station for questioning. See Recording at 9:32–33. On the way to the police station, Officer Haas informed Claimant that he would be verifying the information that Claimant had provided, including his flight records. Id. at 9:39. In response, Claimant indicated that, although he had originally told Officer Haas that he flew from California to Maryland, he had actually driven. Id. Claimant stated that he told Officer Haas he had flown because “it's weird to drive and not fly.” Id. Claimant also told Officer Haas that he lied about having currency in his vehicle because “I honestly did not know if that was legal.” Id. at 9:39–40.

B. Post–Traffic Stop

While at the police station, Claimant was interviewed by Drug Enforcement Administration Task Force Officer Brandon West (“Officer West”). Claimant informed Officer West that he drove from California to Maryland. See Gov't Facts ¶ 5. During his deposition, however Claimant stated that he had actually flown to Maryland from California, and was in the process of driving back to California when he was stopped by Officer Haas. See id. ¶ 6; Gov't App. at 30–32. Also, while Claimant was detained, a trained canine narcotics detection officer (hereinafter “drug dog”) was deployed on the currency seized from his vehicle. See Gov't Facts ¶ 9. The drug dog alerted to the odor of narcotics on the currency. See id. Officer Jerod Clyde (“Officer Clyde”), who handled the drug dog used in this case, stated that the dog also alerted to the scent of narcotics on the snowboard bags that were found in Claimant's vehicle. See Gov't App. at 43.

C. Sources of the Currency

Claimant explained that he acquired the currency from a number of sources. See Claimant's App. to Resistance to Mot. for Summ. J. (hereinafter “Claimant's App.”) (Clerk's No. 11.4) at 18. Specifically, Claimant noted that after inheriting his father's home, he found approximately $50,000 buried in the backyard, and found an additional $12,000 hidden in the home (hereinafter referred to collectively as “Father's Money”). See Gov't Facts ¶ 10; Claimant's App. at 24–25. Claimant stated that his father had been burying money for an unknown period of time, but stopped in 1998.⁵ See Gov't Facts ¶ 10. Claimant also stated that after finding the money, he placed it under the stairs in his home for safekeeping. See Claimant's App. at 23. Although the Government has not disputed that Claimant found his Father's Money, it did note that only $6,020 worth of the defendant currency consisted of bills that were dated prior to 1998, and that many of the bills were dated from 2004–2006. See Gov't Facts ¶ 11. In response, Claimant states that he would occasionally use his Father's Money, and then replace the portions he used with (presumably) newer currency. See Claimant's Statement of Additional Material Facts Not in Dispute (hereinafter “Claimant's Facts”) (Clerk's No. 11.2) ¶ 18.

Claimant stated that the rest of the currency came from a combination of a $10,000 life insurance policy he received upon his father's death, various jobs he held, money earned by fixing and selling used cars, money made from renting out his father's home, and from a $40,000 bank loan. See Claimant's App. at 18–20, 22, 26. Claimant's bank records show that he did receive a $40,000 loan, and that approximately $26,000 of the loan was withdrawn as cash, while the remaining amount was spent on point-of-sale purchases. See Gov't App. at 41. Also, Claimant's tax records indicate that he earned approximately $58,533 between 2000 and 2009. See Gov't Facts ¶¶ 13–15.

Based on these facts, the Government seeks forfeiture of the defendant currency pursuant to Supplemental Rule G(2) of the Federal Rules of Civil Procedure and 21 U.S.C. § 881(a)(6). Clerk's No. 1. The Government has moved for summary judgment on the Complaint, and Claimant has moved to suppress all evidence obtained during the April 9, 2009 traffic stop, including the defendant currency, from this forfeiture proceeding.

II. MOTION TO SUPPRESS

Claimant's Motion to Suppress ⁶ seeks to exclude the use of all evidence seized from his vehicle, as well as certain statements he made during the April 9, 2009 traffic stop, based on alleged violations of his Fourth and Fifth Amendment rights. Specifically, Claimant argues that Officer Haas unreasonably searched his vehicle, in violation of the Fourth Amendment, because Claimant's consent to the search was involuntary. Claimant also argues that he was unreasonably detained, in violation of both the Fourth and Fifth Amendments, when officers placed him in handcuffs and failed to immediately inform him of his Miranda rights.⁷ The Government challenges Claimant's Motion to Suppress on a number of procedural grounds. The Government also argues that Claimant's Fourth Amendment rights were not violated because Claimant's consent to search his vehicle was voluntary, and because his subsequent detention—including the use of handcuffs during this detention—was not unreasonable.

A. Relevant Law

The Fourth Amendment's exclusionary rule is applicable to civil forfeiture proceedings. See One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 696, 85...