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Appeals court upholds seizure, transfer of suspected drug money

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A man who challenged the seizure of $25,000 in suspected drug money and its transfer to federal authorities lost his appeal, but the Indiana Court of Appeals was troubled by the state’s failure to provide him notice of the request for the transfer.

The appeals court Monday unanimously affirmed a Dearborn Circuit Court order transferring the money in Dante Adams v. State of Indiana, No. 15C01-1106-MI-29. Dante Adams appealed the order, contending that he was entitled to notice that the state was requesting the money be transferred for the beginning of forfeiture proceedings. Adams also questioned the lawfulness of a search.

The case originated with Adams’ arrest at the Hollywood Casino in Lawrenceburg on June 18, 2011. Adams attempted to exchange $20,000 in cash of various denominations, and he became argumentative with a teller.

Indiana Gaming Commission agents intervened and questioned Adams’ identity after he said he lived in Indianapolis but produced an Arizona identification. Agents determined that Adams was wanted on a Texas parole warrant, and he was arrested by Lawrenceburg police, who confiscated the $20,000.

Police subsequently searched Adams’ vehicle and found another $5,000, and a drug-sniffing dog indicated positive for narcotics during the vehicle search.

On June 28, 2011, authorities filed a motion to transfer the money to federal authorities to begin forfeiture proceedings. Adams argued that the transfer should not have happened because he wasn’t given notice of the request.

“Adams has confused our forfeiture statutes with the turnover statute,” Judge Edward W. Najam Jr. wrote. “We are not (yet) concerned with the forfeiture of the $25,000 and, therefore, Adams’ argument is misplaced. That said, we are also not persuaded by the State’s argument that Adams was not entitled to notice of its motion.”

Najam wrote that transfers of property may be challenged if a defendant contests the search as unlawful. “The state’s arguments on appeal that it was not required to give Adams notice of its motion to transfer are not well taken,” Najam wrote.

The appeals court said that for Adams to succeed on a claim of lack of notice, he would have to demonstrate prejudice as a result.

“Adams contends that he has been prejudiced by the transfer order because the underlying search had no ‘nexus between the cash and the … offense.’ We cannot agree,” Najam wrote.

“Here, there is no serious question that the facts underlying the search of Adams’ car and the seizure of his cash were supported by probable cause and were, therefore, lawful,” he wrote.



 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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