Opinion

Caudill v. State

  • 613 N.E.2d 433
  • 1993 Ind. App. LEXIS 504
  • 1993 WL 148822
Court
Indiana Court of Appeals
Filed
May 12, 1993
Status
Published
Author
Baker
On the bench
Miller, Chezem, Baker
Cited by
19 cases

agreeing that the exclusionary rule applies to civil forfeiture proceedings

How later courts described this case

  • agreeing that the exclusionary rule applies to civil forfeiture proceedings
  • listing states with similar approach
  • action for forfeiture is a “relatively quick procedure and broad in *786 scope. It can also be highly profitable for the State.”

Written by the judges who cited it.

The opinion

BAKER, Judge,

concurring and dissent ing.

Although I agree with the majority's analysis of IND.CODE 34-4-80.1-1(c) and the rebuttable presumption it creates, I do not believe the $850 found on Caudill was seizable in this case because the State's own evidence rebutted the presumption the money was proceeds of a drug transaction.

The record reveals an informant paid Caudill between $350 and $400 in marked currency for an "eight-ball" of cocaine. When the detectives arrested Caudill several hours later, they found 4.4014 grams of cocaine in Caudill's front pocket, and $855 in cash. The State's own witnesses testified, however, that the $855 was not the same marked currency the informant gave Caudill earlier. Based on this testimony, we know the money was not proceeds from the earlier drug transaction; thus, the presumption of IND.CODE 84-4-80.1-1(c) was rebutted. I would reverse the seizure of the $850 in cash. In all other respects, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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