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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT