White v. Camden County Sheriff's Department6/17/2003
Opinion Vote: AFFIRMED.
Prewitt, P.J., and Shrum, J., concur.
Opinion:
On August 30, 1998, Jerry Edward White ("Appellant") was arrested while operating his 1991 Ford motor home in the City of Camdenton, Camden County, Missouri at a sobriety checkpoint. Camdenton Police Department officers searched Appellant, his motor home and a female passenger. The officers seized several items, including approximately $1,700 from Appellant's person, $28,287 from various areas of the motor home, a loaded handgun with numerous rounds of ammunition, over seventy grams of marijuana, an Application for Missouri Title and License, a Bill of Sale on the motor home, and a receipt for payment of $16,000 for the motor home. Appellant pled guilty to unlawful use of a weapon (possessing the handgun found in the motor home), but he was not tried or convicted for illegal drug possession. Appellant was not charged with driving under the influence , which was the alleged underlying offense of the seizure.
On September 3, 1998, the prosecuting attorney of Camden County filed a motion to transfer the property, consisting of $29,987 cash and the motor home, to the federal authorities pursuant to the Criminal Activity Forfeiture Act (" CAFA"), sections 513.600 to 513.645. Apparently, the motion was not served on Appellant because of an invalid address and was returned as undelivered to the court; nevertheless, the judge of the Circuit Court of Camden County ordered that the property be transferred to the federal authorities for forfeiture. No appeal was taken from that order.
After the transfer order was entered, three Camdenton Police Department Officers, including Chief of Police Laura Webster ("Chief Webster") ; Lake Area Narcotic Enforcement Group ("LANEG") Agent Greg Sellers ("Sellers"); and federal Drug Enforcement Administration (" DEA") Special Agent Mike Cooper ("Cooper") met to discuss the transfer order. Cooper told the Camdenton Police Department officers to retain $1,702 that had been found on Appellant's person during the search, and that federal authorities would pursue forfeiture proceedings regarding the motor home and $28,287 cash. At the conclusion of the meeting, two Camdenton Police Department officers took the money that had been found inside the motor home and exchanged it for a cashier's check made payable to the U.S. Marshall's Service. The check was given to Chief Webster, who then delivered the check to the DEA through Cooper. Chief Webster also turned over custody of the motor home to Cooper at that time; however, rather than incurring storage fees for the motor home, Cooper left it at the Camdenton Police Department until the federal authorities were ready to proceed with its sale. The U.S. Marshal's Service, at the direction of the DEA, sold the motor home for approximately $12,700.
Through a letter dated October 26, 1998, the former Camdenton Police Department Chief of Police, Elmer Meyer, submitted a letter requesting consideration for a portion of the seized property. The Camdenton Police Department received a check from the United States Department of Justice in the amount of $16,852 on April 30, 1999. Camden County Sheriff John Page ("Sheriff Page") submitted a request for "equitable sharing" of the forfeiture proceeds to LANEG because Camden County, Missouri was a member of LANEG, and at that time Sheriff Page was the director of LANEG. A check in the amount of $9,768.80 payable to LANEG was delivered to the Camden County Sheriff's Department in June 1999. Sheriff Page then sent the check to the secretary for LANEG.
Appellant brought this action against Sheriff Page, the Camden County Sheriff's Department, and Chi
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