States v. Ninety Thousand Two Hundred Thirty-Five Dollars

The State brought an action for forfeiture of a vehicle and $90,235 found in it following a traffic stop, alleging that the property was contraband. The driver of the vehicle (Driver) answered the suit, asserting that he owned the property and requesting dismissal of the forfeiture action. The trial court granted summary judgment in favor of Driver. The court of appeals affirmed, holding that the State failed to present sufficient evidence that a substantial connection existed between the property and illegal drug dealing activities. The Supreme Court reversed, holding (1) the determination of whether law enforcement officers had probable cause to seize the property, that is, a reasonable belief in a substantial connection between the property and illegal activities, must be assessed in light of the facts as the seizing officers reasonably believed them to be; and (2) Driver did not conclusively negate such a belief. Remanded. View "States v. Ninety Thousand Two Hundred Thirty-Five Dollars" on Justia Law