Serrano v. State
946 N.E.2d 1139
| Ind. | 2011Background
- Appellant Serrano’s 2004 GMC pickup contained cocaine residue on the floor carpets and on a box of quarters found during a forfeiture proceeding.
- Police secured a canine alert for narcotics after stopping Serrano for speeding and impounding his vehicle pending a search warrant.
- A search yielded approximately $551 in cash, including a $500 box of quarters, with cocaine residue on the box and carpets.
- The State filed an in rem forfeiture action seeking to seize the truck and cash, asserting the vehicle facilitated possession of cocaine.
- Evidence included wire transfers, deposits, and money orders from trash pulls intended to suggest Serrano’s illicit income, but no direct nexus tied the truck to drug transport.
- The trial court upheld forfeiture of the truck and awarded the cash to Serrano; the Court of Appeals reversed for lack of nexus between the truck and the cocaine possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State established a nexus between the truck and the cocaine possession | Serrano used the truck to transport or facilitate possession | Residue was incidental; no trafficking nexus | Lack of nexus; forfeiture reversed |
| Whether the evidence shows the truck was used for the possession of cocaine | Truck used to transport or possess cocaine via possession of residues | No proof that truck usage connected to drug possession beyond incidental residue | Insufficient evidence of use to transport possession |
Key Cases Cited
- Katner v. State, 640 N.E.2d 388 (Ind. Ct. App. 1994) (forfeiture requires nexus between property and offense; residue alone not sufficient)
- Katner v. State, 655 N.E.2d 345 (Ind. 1995) (emphasizes that vehicle may not be forfeited for incidental possession; requires enhancement of possession through transportation)
- United States v. 785 St. Nicholas Ave., 983 F.2d 396 (2d Cir. 1993) (early explanation of civil forfeiture as instrument against property used in crime)
- United States v. 384-390 West Broadway, 964 F.2d 1244 (1st Cir. 1992) (forfeiture as tool to sanction narcotics trafficking)