This week, a Mississippi court sided with a truck driver after police seized a large amount of cash from his vehicle during a 2020 traffic stop because officers suspected him of drug trafficking.
On October 8, the Mississippi Court of Appeals ruled that the state must return $225,000 in seized assets to California-based truck driver Rae Young Chung, according to WLBT.
I-20 CMV Traffic Stop Ends In Seizure of Cash
Chung was pulled over on westbound I-20 in Brandon, Mississippi, more than four years ago for following too closely and traveling at 74 m.p.h. in a 70 m.p.h. zone.
During the traffic stop, police uncovered a duffel bag containing $225,000 in cash. The money was divided up into envelopes with $5000 inside each. Police did not find any drugs or weapons inside the truck.
Police seized the cash under Mississippi Asset Forfeiture laws , which permit police to obtain the forfeiture of property that is used or related to criminal activity.
Lower Court Rules Police Justified In Seizing $225K From Trucker
During a 2022 circuit court trial, Richland Police Chief Nick McLendon testified that Chung’s use of paper logs was suspicious, and he pointed to prolonged stops in areas known for drug trafficking. McLendon also told the court that I-20 between California and Georgia is a major drug trafficking corridor, particularly in the Atlanta area.
Chung told the court that the money was for truck repairs.
The circuit court ultimately ruled that police were justified in taking the $225,000 as part of a civil forfeiture action.
2022 Ruling Overturned: State Failed To Meet Burden Of Proof
The recent Appeals court decision reversed the lower court’s 2022 ruling, stating:
“ While we recognize that $225,000 is a large amount of money and gives rise to understandable suspicions, the suspicions, without more, are not enough to hold that the money was forfeitable … We cannot say that the evidence proved it was more likely than not that Chung possessed the currency with the intent to use it in connection with an illegal narcotics trafficking scheme… The state failed to meet its burden of proof, and the circuit court erred in forfeiting the funds to the Brandon Police Department. “
The Appeals court sided with Chung when he explained that he was using paper logs because the GPS feature on his ELD was not working: “There is nothing criminal about using a paper logbook.”
The Appeals court also accepted Chung’s explanation that he was not traveling to Atlanta but was instead delivering car parts to West Point, Georgia, with the bill of lading backing up his statement.
““Officer McLendon represented that Chung was in the ‘Atlanta area,’ which he characterized as [a] ‘major narcotics distribution hub.’ However, Chung was actually quite a distance from Atlanta. As the dissent points out, West Point… is eight miles from Atlanta… This comparison would be the equivalent of saying McComb, Mississippi, is in the Jackson area,” the court said.
“There were no weapons, drugs, drug paraphernalia, or any other item associated with drug trafficking found in Chung’s truck after two searches. This court has already established that mere speculation is not sufficient to establish a connection between money and illegal drug trafficking,” the majority opinion stated.
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