706 S.E.2d 495
S.C.2011Background
- Civil forfeiture action to confirm seizure of $146,050 found in a safe in the home of Bobby Gibson and his mother Lillie Gibson; cash organized in rubber-banded stacks and a metal box found with unknown contents.
- A narcotics investigation led police to search the home; drugs and paraphernalia were found nearby in the yard and in a nearby building remodel.
- The circuit court found probable cause linking the money to illegal drug activity and held the money did not belong to Ms. Gibson by preponderance, with the court of appeals affirming.
- There was a dog alert on the money safe and proximity of the cash to drugs supported a substantial connection to drug activity under S.C. Code § 44-53-520(a)(7)-(8).
- Ms. Gibson was added as a party; Petitioners argued lack of close proximity and ownership; the State prevailed at trial and on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Close proximity under § 44-53-520(a)(8) | Gowdy argues proximity established | Gibson argues not sufficiently proximate | Circuit finding of proximity upheld; not disturbed on appeal |
| Traceability under § 44-53-520(a)(7) | Gowdy asserts money traceable to illegal transactions | Gibson challenges reliance on unrelated evidence | Probable cause shown; money found near drugs and traceable to illegal transactions; dog alert weighed |
| Innocent ownership | Gowdy contends no innocent ownership shown | Gibson claims money was lawfully owned | Gibson failed to prove innocence by a preponderance; money not innocently owned |
Key Cases Cited
- Pope v. Gordon, 369 S.C. 469 (2006) (forfeiture standard; probative evidence required to link to illegal activity)
- Medlock v. One 1985 Jeep Cherokee VIN 1JCWB7828FT129001, 322 S.C. 127 (1996) (probable cause standard in forfeiture; burden shifts to owner)
- Thomas v. United States, 913 F.2d 1111 (4th Cir. 1990) (totality of the circumstances approach rejected for traceability in SC)
- Gordon v. Pope, 369 S.C. 469 (2006) (traceability narrowed; prohibits unrelated evidence)
- United States v. $78,850.00 in U.S. Currency, 517 F. Supp. 2d 792 (D. S. C. 2007) (recognizes probative value of drug-detection dog alerts; nuances)
- United States v. Funds in the Amount of $30,670, 403 F.3d 448 (7th Cir. 2005) (drug-detection canine evidence considered)
- United States v. One Lot of U.S. Currency ($36,634), 103 F.3d 1048 (1st Cir. 1997) (dog alert weighed but not determinative)