The applicant sought forfeiture of cash seized during a traffic stop under the Civil Remedies Act, 2001.
The court held that, on a balance of probabilities, the bundled cash was proceeds of unlawful activity or an instrument of unlawful activity, relying on the circumstances of seizure, the presence of marijuana-related indicia, the packaging of the money, and unchallenged expert opinion evidence concerning drug-trafficking cash practices.
The court rejected the explanation that the funds were intended for a legitimate tobacco purchase, finding that evidence inconsistent with the ordinary payment practices of the business.
A forfeiture order was granted.