United States v. $80,760 (N.D. Texas 1991) 781 F.Supp. 462

Currency Sniff; Consent; Probable Cause

LE saw two subjects acting oddly and contacted them. They asked for ID and asked for consent to talk to them. Consent was granted and subjects had implausible statements about travel plans. They had case one way tickets. Ambiguous consent was given by subjects to search luggage. A large amount of currency was found. Later, PSD alerted.

Recitation of drug courier profile elements and the alert of a narcotics detection dog, without demonstrating probable cause for the belief that a substantial connection exists between the defendant property and illegal drug dealing, did not establish probable cause to forfeit the currency. Court was also concerned about whether consent was actually given. Both parties motions for summary judgment denied.