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United States v. $39

United States District Court, District of Kansas

August 7, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
$39, 440.00 in UNITED STATES CURRENCY, Defendant.

MEMORANDUM AND ORDER

MONTI L. BELOT UNITED STATES DISTRICT JUDGE

This case comes before the court on claimant David McDaniel’s motion to suppress. (Doc. 30). The motion has been fully briefed and is ripe for decision. (Doc. 32).[1]

On September 4, 2013, plaintiff, the United States of America, filed a complaint seeking forfeiture of defendant currency that was seized on May 1, 2013, during a traffic stop. On September 16, this court entered a warrant for the arrest in rem of defendant currency. McDaniel filed his claim as to the currency on October 25. (Doc. 6).

McDaniel moves for suppression of the defendant currency on the basis that plaintiff seized the currency in violation of his Fourth Amendment rights. The court held an evidentiary hearing on August 6, 2014.

I. Facts

Kansas Highway Patrol Trooper JT Littrell was on patrol on Wednesday, May 1, 2013. Trooper Lewis was riding along on patrol with Littrell who was parked in the median of Interstate 70. Littrell observed a maroon Chevrolet HHR heading west in the left lane but the HHR was not actively passing a vehicle in the right lane. Littrell entered the highway and caught up to the HHR. Littrell drove alongside the HHR for approximately one mile. The HHR then accelerated, activated the left hand signal, and pulled in front of Littrell to pass a semi-truck.

Littrell activated his emergency lights and the HHR pulled to the side of the highway. Littrell approached the passenger side and told McDaniel that he stopped him for driving in the left lane without actively passing a vehicle and cutting in front of his vehicle. Littrell asked McDaniel where they were going. McDaniel and his passenger, Ness, replied that they were going to Denver for a couple of days for a short trip. Ness stated that she wanted to learn to snowboard. Littrell testified that McDaniel was agitated during the stop. The video of the stop shows McDaniel repeatedly discussing his violation with Littrell. Littrell then tells McDaniel that he is going to give him a warning unless McDaniel talks himself into a ticket. Littrell testified that McDaniel had a calmer disposition after he told him he was only getting a warning. Littrell asked McDaniel for his driver’s license and the registration for the vehicle. Littrell also asked Ness for her identification. During the stop, Littrell observed that the vehicle contained one duffle bag.

Littrell returned to his patrol vehicle and ran a check on McDaniel and Ness’ driver’s licenses. Littrell was told by dispatch that McDaniel had been arrested in 2009 for possession of marijuana.

Littrell wrote out a warning and delivered it to McDaniel. Littrell told them that they were free to go. The video shows Littrell turn towards his patrol vehicle, take a couple of steps and then turn back around. Littrell immediately leaned back into the passenger window and asked if he could ask them some more questions. Littrell asked if they were going to Denver to buy weed. They were surprised and said no. Littrell asked if they had any drugs, guns or money in the HHR. Ness said that she did have some money. Littrell asked how much and she said that it was just spending money. Littrell then asked permission to search the HHR and both McDaniel and Ness refused to consent to a search. Littrell told them to remain in the HHR while he called for a drug dog to come to their location.[2]

McDaniel and Ness were detained until the drug dog arrived approximately nine minutes later. Littrell told McDaniel to move the HHR to a safer location and then asked them to get out of the HHR. They were both patted down for weapons. The drug dog jumped into the HHR during the search and “hit” on the center consol. The HHR was searched and Littrell found a cup with a few leaves in the consol. The troopers also seized the currency from a small fanny pack in the backseat.

II. Analysis

Although forfeiture proceedings are civil in nature, they are not to be effectuated in derogation of one's constitutional rights. United States v. $3, 799.00 in United States Currency, 684 F.2d 674, 677 (10th Cir. 1982). The government will be precluded from introducing any evidence seized in violation of the Fourth Amendment to prove its claim of forfeiture. Id.

The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. Because an ordinary traffic stop is “more analogous to an investigative detention than a custodial arrest, ” the stops are analyzed under the principles articulated in Terry v. Ohio. United States v. Chavez, 534 F.3d 1338, 1343 (10th Cir. 2008). The two-pronged standard espoused in Terry v. Ohio, 392 U.S. 1 (1968), thus applies, see United States v. Caro, 248 F.3d 1240, 1244 (10th Cir. 2001), and renders a traffic stop reasonable if “the officer’s action was justified at its inception, and [if] it was reasonably related in scope to the circumstances which justified the interference in the first place.” Terry, 392 U.S. at 20; see also Chavez, 534 F.3d at 1343. An initial traffic stop is justified at its inception if the officer has either “probable cause to believe a traffic violation had occurred or reasonable articulable suspicion the driver committed a traffic violation.” United States v. Clarkson, 551 F.3d 1196, 1201 (10th Cir. 2009).

Trooper Littrells’s stop of McDaniel’s HHR was justified at its inception because he had a reasonable suspicion McDaniel was violating K.S.A. 8-1522[3] by traveling in the left passing lane. The video supports Littrell’s testimony that McDaniel was driving in ...


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