U.S. v. Funds in the Amount of $100,120

In action seeking civil forfeiture of $100,120 that police seized from one claimant on train bound for Seattle, Washington, after dog registered positive reaction for presence of drugs in bag containing said cash, Dist. Ct. did not err in denying claimants’ request for spoliation instruction under circumstances where govt. had exchanged seized cash for cashier’s check shortly after said seizure, which precluded claimants from testing seized cash for presence of drugs. While Dist. Ct. agreed with claimants that said instruction was warranted, record also showed that claimants had waived said issue, where prior Dist. Ct. judge had denied claimants’ similar request, and claimants failed to appeal said ruling in prior successful appeal of entry of summary judgment in govt.’s favor. Moreover, instant Dist. Ct. did not err in giving instruction that told jury that govt. need not link seized funds to specific controlled substance transaction or show that claimants had committed controlled substance offense, and that govt. need only show that seized funds were linked to some unidentified unlawful controlled substance transaction. Too, record contained sufficient evidence to support jury’s finding that seized cash was subject to forfeiture, where: (1) one claimant, who fit drug courier profile, purchase one-way train ticket and gave conflicting reasons for carrying instant large quantity of cash; (2) another claimant gave unsupported explanation that he had acquired said cash from legitimate employment; and (3) dog, with perfect track record for discovering drugs, gave positive alert for presence of drugs in bag with seized cash.