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Marijuana Law – Keyed to Mikos
United States v. $61,200.00 in U.S. Currency, More or Less
Facts
Jerod Clyde, an Iowa State Patrol Officer, stopped Brian Lee Szymczak, a sixty-one year old male driving west on Interstate 80. Clyde questioned Szymczak about the purpose of his travel, and Szymczak told Clyde he was traveling back to California after visiting friends and relatives in Michigan. Clyde smelled marijuana emanating from the vehicle, but Szymczak denied having any marijuana. Later, Szymczak admitted that he ad several joints, but he had a valid California prescription for marijuana. Clyde noted that the prescription expired a month ago. Thereafter, Clyde asked Szymczak whether he had large amount of cash with him, and Szymczak denied having it. Nevertheless, Szymczak admitted that he had $60,000 in the vehicle because he planned on installing a safe in his barn in Michigan and was bringing his lifesavings to California. After consenting to the search of the vehicle, Clyde founds a total of $61, 200 in three separate areas of the vehicle in heat-or-vacuum sealed bags in the following denominations: 95-$100 bills, 144-$50 bills; 2133-$20 bills; 164-$10 bills; and 40-$5 bills. Subsequently, the officer found marijuana in the vehicle, along with rolling papers, medicine bottles that contained hashish, and various assortments of drug paraphernalia. Szymczak was found guilty to possession of a controlled substance. The government filed a complaint in rem against the cash, under 21 U.S.C. § 881, and moved for summary judgment.
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