Adams v. State
2012 Ind. App. LEXIS 236
| Ind. Ct. App. | 2012Background
- Adams appeals a trial court transfer order that moved $25,000 in cash seized from him to federal authorities for forfeiture.
- Cash was seized after a vehicle search following a positive canine alert during an investigation of narcotics activity at a Lawrenceburg casino.
- The cash was found in a Cheesecake Factory sack in the trunk; other items were seized and analyzed by law enforcement.
- The State filed a turnover motion under Indiana turnover statute IC 35-33-5-5(j) requesting transfer to federal authorities; Adams was not served with the motion.
- The trial court granted the transfer without Adams’s notice; Adams moved to set aside the transfer, which the court denied.
- On appeal, the court held that the transfer was lawful because the underlying search was lawful, and the lack of notice was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the transfer order was proper under the turnover statute. | Adams argued unlawful seizure; challenge to transfer exists. | State contends turnover statute requires transfer upon motion and search lawful. | Transfer affirmed; lawful search supports turnover. |
| Whether Adams had notice of the transfer motion requiring reversal if lacking. | Adams lacked notice under due process protections and trial rules. | Statute does not require notice for turnover; transfer is ministerial. | Notice issue analyzed under harmless error; no reversible prejudice found. |
| Whether the underlying search violated the Fourth Amendment or Indiana law. | Adams contends there was no nexus between cash and offense; search unlawful. | Probable cause supported the search; cash was lawfully seized. | Search lawful; probable cause established; transfer lawful. |
Key Cases Cited
- Membres v. State, 889 N.E.2d 265 (Ind.2008) (turnover order depends on lawfulness of the search)
- TeWalt v. TeWalt, 421 N.E.2d 415 (Ind. Ct. App.1981) (procedural due process exceptions for ex parte actions)
- Jones v. Hous. Auth. of City of S. Bend, 915 N.E.2d 490 (Ind. Ct. App.2009) (procedural due process and notice considerations)