North Dakota v. $127,930 United States Currency

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Anoulak Thornsavan appealed an order denying his motion to suppress and from the civil judgment forfeiting $127,930 to North Dakota. n July 2015, Officer Mason Ware pulled over Thornsavan, along with his passenger, Saravanh Phommakhy, on Interstate 94. Ware stopped Thornsavan because it appeared to him that the car had excessive window tint. Prior to the stop, Ware checked the vehicle registration in his database, which indicated that the vehicle was registered to an individual born in 1937. Ware noted that both Thornsavan and Phommakhy looked as though they were in their late 20's or early 30's. Walking toward the stopped car, Ware saw a pillow, blanket, and backpack in the backseat of the car, but not any luggage. Soon after making contact, Ware asked for licenses and registration. When Thornsavan reached into his center console to obtain his information, Ware saw a "bundle of cash" in the console with a $50 bill on top of the stack and a $20 bill on the bottom. Thornsavan then gave Ware a photocopy of the vehicle title. The photocopy indicated that the car had been purchased just four days prior. Ware testified that Thornsavan and Phommakhy appeared nervous, avoided eye contact, stuttered, and displayed tremors in their hands. Ware asked Thornsavan about the contents of his car just prior to issuing a warning citation. A later search of the vehicle revealed two duffle bags containing vacuum-sealed blocks of cash with dryer sheets in between the sealed layers. The total cash amount found and seized by law enforcement was $127,930, which included $930 found in the center console. Thornsavan filed a motion to suppress his statements and the money found. The district court denied the motion to suppress and ordered the money to be forfeited. Thornsavan argued that law enforcement lacked reasonable suspicion to detain him or his car beyond the initial traffic stop and that his statements and the money seized had to be suppressed. The North Dakota Supreme Court found reasonable suspicion to extend the traffic stop and a Miranda warning was not required. View "North Dakota v. $127,930 United States Currency" on Justia Law