ILNews

Appeals court upholds seizure, transfer of suspected drug money

Back to TopCommentsE-mailPrintBookmark and Share

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.



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT