United States of America v. Eight Thousand Six Hundred ($8600) Dollars in United States Currency

Filing 3

OPINION. Signed by Honorable Myron H. Thompson on 9/26/2008. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. ) 2:08cv702-MHT EIGHT THOUSAND SIX HUNDRED ) (WO) ($8,600) DOLLARS IN UNITED ) STATES CURRENCY, ) ) Defendant. ) OPINION This civil-forfeiture proceeding, initiated pursuant to 21 U.S.C. § 801(a)(6), States of is before the court for on a

plaintiff

United

America's

request

warrant to arrest in rem $ 8,600 seized during a traffic stop. Rule G(3)(b) of the Supplemental Rules for Certain Admiralty and Maritime Claims provides two avenues for the issuance of an arrest warrant in rem in a civilforfeiture proceeding. a warrant if the The clerk of the court may issue "is in the government's

property

possession, custody or control." & Mar. Cl. G(3)(b)(i).

Supp. R. Certain Adm.

Alternatively, the court may

issue the warrant upon a finding of probable cause. Supp. R. Certain Adm. & Mar. Cl. G(3)(b)(ii). Because the court is not convinced that there is probable cause based on the information submitted in the government's complaint, the warrant cannot issue under Rule G(3)(b)(ii). However, because the clerk of the

court need not make a probable cause finding before issuing a warrant when, as here, the property is in the government's custody, the warrant may issue under Rule G(3)(b)(i). As a matter of policy, the clerk of court of

the Middle District of Alabama does not issue warrants pursuant to Rule G(3)(b)(i), but refers requests for such warrants to the court. Accordingly, the court will issue

the warrant pursuant to Rule G(3)(b)(i). DONE, this is 26th day of September, 2008. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE