State v. Dykes , 1991 Iowa Sup. LEXIS 233 ( 1991 )

HARRIS, Justice.

Cash and an automobile were ordered forfeited under Iowa Code chapter 809 (1989). On appeal defendant contends there was no substantial evidence to support the trial court finding that the forfeited property had been used in the commission of a criminal offense. We affirm.

In pointing to a specific criminal activity the State emphasizes, but does not limit itself to, evidence that the defendant Vaughny Jesse Dykes possessed controlled substances with intent to deliver, in violation of Iowa Code section 204.401. Substantial evidence supports such a charge.

The police officers found, in addition to the items subject to forfeiture, certain amounts of a controlled substance known as methamphetamine on Dykes’ person, in a desk drawer of his bedroom and a smaller amount in his automobile. The officers also discovered a “cutting agent” in the automobile, though no cutting agent was found inside the home. A cutting agent is a powder which is used to mix with illicit drugs to increase their quantity, in order to make more money. Certain drug paraphernalia such as straws, mirrors and scales, were also found in Dykes’ bedroom. A bag of methamphetamine, weighing close to one-fourth of a pound and worth approximately $16,000, was found in the dining room of Dykes’ residence.

A police department narcotics officer testified as an expert. It was his opinion that the evidence, considered as a whole, indicated the selling of drugs. He based his opinion on the large amount of cash, the close proximity of the drugs to the cash, coupled with other drug paraphernalia.

I. We disfavor forfeiture statutes and construe them strictly. In re Raster, 454 N.W.2d 876, 877 (Iowa 1990); Jamison v. Knosby, 423 N.W.2d 2, 5 (Iowa 1988); Chicago R.I. & P.R. v. City of Iowa City, 288 N.W.2d 536, 541 (Iowa 1980); State v. Kaufman, 201 N.W.2d 722, 723 (Iowa 1972). In In re Bly, 456 N.W.2d 195, 200 (Iowa 1990), we held that homestead rights in property which was used as an illegal drug trafficking facility took precedence over the State’s right of forfeiture. We nevertheless interpret forfeiture statutes so as to promote their legitimate purpose. Kaster, 454 N.W.2d at 877; State v. Merchandise Seized, 225 N.W.2d 921, 926 (Iowa 1975).

The burden is on the State to prove by a preponderance of the evidence that the property was forfeitable. Iowa Code § 809.11(1) (1989). We accord considerable deference to the trial court holding. We have said:

[This court will] view the evidence in the light most favorable to sustaining the district court judgment. The trial court’s findings are construed liberally in order to support its result. A finding is supported by substantial evidence if it may be reasonably inferred from the evidence. If supported by substantial evidence and justified under the law, the findings are binding on us and the judgment will not be disturbed on appeal....

The possibility of drawing inconsistent conclusions from the same body of evidence does not prevent a finding from being supported by substantial evidence.

In re Rush, 448 N.W.2d 472, 477 (Iowa 1989) (citations omitted); see also State v. One Certain Conveyance, 207 N.W.2d 547, 548 (Iowa 1973) (“[W]e will not reverse unless the evidence is utterly wanting to support the conclusion of the trial court.”).

To uphold a forfeiture we require a showing of a “substantial connection between the property and the crime.” Kaster, 454 N.W.2d at 879. This is a somewhat more rigorous standard than some federal courts, employing federal law, apply. Id. Dykes contends the showing here, both as to the cash and the automobile, does not meet the substantial connection standard.

II. The cash. We agree with the trial court finding that there was a substantial connection between the $1106 in cash found on Dykes’ person and in his bedroom with drug trafficking, especially in view of the drugs and drug paraphernalia found in his home.

In his defense Dykes testified he received $1500 in cash from his bank just days before the search warrant was executed. He backed up this testimony with his bank statements and a canceled check made payable to “cash.” Dykes contends this evidence that he did not receive the cash directly from drug customers negates any connection with drug trafficking. We think not. Under the record such a sizable amount of cash in proximity to the drugs fits well within the pattern of making change in a drug operation. We rejected an argument similar to Dykes’ in Rush, 448 N.W.2d at 475.

We think the amount of cash, its location, and proximity to the drugs is sufficient to support its forfeiture. Rush, 448 N.W.2d at 477-78.

III. The automobile. Connecting the automobile with a criminal offense might be a closer question if we were to base its forfeiture strictly on the crime of possession of a controlled substance with intent to deliver under Iowa Code section 204.401(1). The required substantial connection between the car and that offense seems at least arguable in view of the “cutting agent” found with the drugs in the vehicle. On the other hand some jurisdictions hold that drugs found in a car will not suffice for forfeiture. See State v. One 1972 Pontiac Grand Prix, Etc., 90 S.D. 455, 242 N.W.2d 660, 663 (1976) (misdemeanor possession insufficient; felony possession required). But in Kaster, 454 N.W.2d at 878-79, we upheld forfeitures based alone on misdemeanors.

Dykes assumes the only criminal offense to which connection with the automobile is attempted is Iowa Code section 204.401(1). The trial court did not so limit its holding; no specific criminal offense was identified in the forfeiture order. On appeal the State in part supports the forfeiture on the contention that another crime was clearly shown, one to which the car was plainly and closely connected: simple possession of the substance under Iowa Code section 204.401(3).

The State’s contention finds support in the 1986 change in our forfeiture law. The General Assembly adopted the uniform controlled substances Act. 1971 Iowa Acts ch. 148. Iowa Code section 204.505 (1971), the original forfeiture provision adopted with the Act, was repealed when present Iowa Code chapter 809 (1991) was adopted. 1986 Iowa Acts ch. 1140, § 19. Forfeitable property now includes any property illegally possessed and any property which has been used to facilitate a criminal offense. Iowa Code § 809.1(2)(a) and (b). Cases from other jurisdictions, interpreting the uniform controlled substance Act, are not in point to interpret Iowa’s present forfeiture law.

It was a criminal offense for Dykes to possess the controlled substance found in his automobile and it is apparent that the vehicle was used to facilitate the possession. We conclude that the automobile was forfeitable.

IV. We feel obliged to state that facts in this case are important to our holding. Cases can be imagined where property forfeited could be so out of proportion to an insignificant public offense as to constitute an unconstitutionally excessive fine under the eighth amendment to the federal constitution. We have no such case here. The evidence indicates a sizable illicit drug operation.

DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED.

All Justices concur except SCHULTZ and LAVORATO, JJ., who separately dissent. CARTER and SNELL, JJ., join both dissents.

LAVORATO, J., also joins the dissent of SCHULTZ, J.