ILNews

Justices reverse forfeiture of truck

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.

Chief Justice Randall T. Shepard kicked off the unanimous opinion describing civil forfeiture as “a devise, a legal fiction, authorizing legal action against inanimate objects for participating in alleged criminal activity, regardless of whether the property owner is proven guilty of the crime – or even charged with a crime.” He delved into the roots of the action, in rem forfeiture, that go back to maritime law, and he also explained how civil forfeitures play a role in funding the state’s common school fund.

Out of those funds, the court may allow for law enforcement and the prosecutor to recoup expenses incurred related to the seizure, as well as expenses related to the criminal prosecution. Whether this process is in agreement with what the Indiana Constitution says regarding all forfeitures going into the common school fund is “an unresolved question,” the chief justice noted.

Currently, the Indiana General Assembly is debating Senate Bill 215, which would specify how much of forfeiture funds may go to sources outside of the school fund. A lawsuit was filed in August 2010 in Marion County against 78 prosecutors alleging they violated the law by not turning over seized assets from criminals to the common school fund. It was dismissed earlier this month.

In Martin Serrano v. State of Indiana and the City of Fort Wayne, No. 02S03-1104-CV-241, the justices focused on the first ground for forfeiture under Indiana Code 34-24-1-2 – “if the seizure is incident to lawful arrest, search, or administrative inspection” when examining Martin Serrano’s case. Serrano lost his truck in a forfeiture action based on the presence of cocaine residue found in the carpet of his truck and on a box of $500 in quarters. Police received an anonymous tip that the grocery store where he worked was receiving drug shipments from Chicago. Police pulled over Serrano’s truck after it left the grocery store because he was speeding and they thought he had an outstanding warrant.

While in custody, a canine officer alerted officers to the presence of narcotics and the truck was towed. Serrano was later released because the warrant was for a different Martin Serrano. But police got a search warrant for the truck the next day and found the drug residue in the car. Serrano admitted to using drugs and said he was the only person who drove the truck. Police also conducted trash pulls at Serrano’s home recovering bank receipts trying to prove he was making more money than he claimed and was involved in drug trade.

The trial court granted the state’s complaint for forfeiture of the truck. But this was an error, the justices concluded, because the state failed to prove that the truck was used or intended for use by Serrano to transport cocaine. Chief Justice Shepard cited Katner v. State, 655 N.E.2d 345 (Ind. 1995), in which the high court held that to sustain a forfeiture, the state must demonstrate that the property sought was used in one of the enumerated offenses under the statute.

“… the State’s evidence does not compel a conclusion that the presence of cocaine was anything more than ‘incidental or fortuitous,’” wrote the chief justice in reference to Katner. “The State presented no evidence or link to any drug transactions or trade other than the initial information from an anonymous informant that the grocery store was receiving large shipments of drugs. Serrano admitted he was a cocaine user, and without expounding, it seems apparent that there are numerous ways that cocaine residue may have made its way into the truck that do not involve the use of his vehicle in furthering the possession of cocaine.”

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. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

ADVERTISEMENT