HomeMy WebLinkAbout159566 05/14/2008 CITY OF CARMEL, INDIANA VENDOR: 361281 Page 1 of 1
j ONE CIVIC SQUARE RICKIE L WOODS JR
CARMEL, INDIANA 46032 C/O ATTORNEY STEPHEN DILLON CHECK AMOUNT: $1,640.00
3601 N PENNSYLVANIA ST
o CHECK NUMBER: 159566
INDPLS IN 46205 -3435
CHECK DATE: 5/14/2008
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
911 4358200 1,640.00 SPECIAL INVESTIGATION
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STATE OF INDIANA IN THE FAMILTON SUPERIOR COURT 4
COUNT' OF HAMILTON CAUSE NO. 29D04- 0704 -CM- 001.745
STATE OF INDIANA, FI
Plainti.,ff,
vs. APR 1 .0 2006
RICIM L. WOODS, JR.,
Defendant.
'MAK OF THE
HAMII:TON SUPERI01� COURT
ER ON MOTION TO RECONSIDER
On Marcia 26, 2007, the Defendant was arrested by Officex Tim Finks for poss sioaj. o f
marijuana, a class A misdemeanor. Officer Firks is a Noblesville police officer assigned to the
Hamilton COuut3 Drug task Force. On Jwie 21, 2007, the Defendant pled guilty to tl
misdemeanor marijuana charge pursuant to a plea agreement, receiving one year probation. On.
November 1, 6, 2007, the Defendant filed a motion for the return of $1760 i.n currency that the
police seized from hi.ni at the time of arrest. With no objection from tb.e State, the Court granted.
the De;feiidanfs motion. On November- 29, 2007, the State field a. motion to have:the.Court
recolasider,its ruling because the State was informed that the Drug Task Force had obtaina signed
surrentlei ot assets :Corm from the De-fendant at the time of his arrest. 7 ]ae Court conducted a
hearing on the motion to. recornsi.der on January 29, 2008, and took the matter urto.er. advisement.
At the bearing on the motion to reconsider, there was evidence that the police had .found
the money in a ctui next to where the marijuana was found. Officer Firks testified ti-tat the
Defendant had told him that some the cash were as proceeds from selling marijuana. The State
presented evidence that Officer Firks had requested and obtained the Defendant's signature on
the surrender of assets form while the Defendant was in his custody in a police car. The form,
indicated that $1,640 iu. currency was seized. Officer Firks testified that the Defendant told him
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that "some of the currency was pz'oe.cds of drug sales."
The Defendant testified that Officer Firks gold him that the :Corm was to serve as a record
on the amount of money confiscated- The Defendant also testified that only money from one
drug sale was contained with the currency seized from him, and tbat the rest: of the money was
what he and wife had been. saving for a vacation.
This Court must address the validity of the written surrender form, the Court must First
decide whether the surrender was voluntarily made. The Court notes that the police asked the.
Defendant to sign the form while he was in the police car and in the process of being arrested for
possession of marijuana. In such a situation, it is hard to believe that a. person could voluntarily
refuse to sign the faiin, despite the d,isclairner found .in the'fo m:
Next; 'th® Court `,must decide whether the surre w as kno�:v rrgly 'made. The form is
vague on- cxactly wlaa.t i.'ights the pe,i, waiving. The actual larigii "age °iii, the form is:
I /We recognize'tha.1: this surrender of assets and/or. property i.s -made as cost of:...,
investigation in. niy /our case, and /or the surrender of the above assets were
obtained as liroceeds or were used to facilitate violations outlined under IC34 24-
1�1 Sub•ject• to seizure).
There is nothing in the surrender form to suggest what, if aany, the actual costs of investigation
were. Also, the form does_n.ot set forth the types of violation that would result M a forfeiture of
assets, and does not set :forth the forfeiture statutes. Most peop). e,woLild. ilot Lrn.derstand why, they
should sign the form, other than because the police requested them to do so.
Thirdly, the Court: believes that the surrender form, as a legal agree,ment,.i.s iiivalid. for a
lack of consideration. A person gains nothing, but gives up everything, by signing the form.
Finally, the Court does not believe that a surr,ender of assets without a.court proceeding is
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legal, rorfCiture of assets is a creature of'tatute. 'The right to forfeiture exists solely because it
has been created by our legislature. The ,Legislature has set forth specific requirements and time
limits iu order for law enforcement to seize assets. There are no provisiox,s in fl
ae statutes to
allow a person to waive the protection of the statutes witbou,t court approval. Even if a. person
completely understood 1J.ae surrender form and was under no pressure to sign it, the ;form would
not be a legally ei,).forceab,le i.nstrun-ient.
In suinnnaiy, the Court finds that the surrender of assets was not be voluntary-under the
facts if this case, that the surrender was not be knowingly made based upon the language used in
the form, that the surrender i.s .rot be enforceable due to a lack of consideration, and that the
surrender of assets without complying with Ind. Code chapter 3424 -1 is not valid.
Therefore, the Court denies the State's motion to reconsider the Court's order to ,return
the currency to tl,).e Defendant, but notes that the amount of the currency in only S 1
SO.OTZD)✓RED this April SS 2008;
J. Richard Car.. pbeJ.l, Judge
Raam.ilton Supetior Court 4
Distribution:
JProsecutor .Robert Surnmerfield
Steve .Dillon
David Thomas
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Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
f ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
/J Payee
/C %CK (�ao�S Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or no te attached invoice(s) or bill(s))
41,
Total 0 do
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
V9UCHER NO. WARRANT NO.
ALLOWED 20
IN SUM OF
G VD �a
ON ACCOUNT OF APPROPRIATION FOR
Board Members
PO# or INVOICE NO. ACCT #/TITLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Y�a3 201
ignature
M A
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund