Opinion
Supreme Court No. 165, 2002
December 30, 2002
C.A. No. 98M-10-015 HDR
REPORT PURSUANT TO SUPREME COURT RULE 19(c)
This 30th day of December, 2002, the following is reported to the Delaware Supreme Court pursuant to Supreme Court Rule 19(c).
Petitioner, Phillip Downs, ("Downs") filed a Petition for Return of Property pursuant to 16 Del. C. § 4784 and Superior Court Civil Rule 71.3. The property sought to be returned is $1,800.00 in United States Currency seized by the Delaware State Police on August 27, 1998.
The matter was referred to a Superior Court Commissioner for findings of fact and recommendation pursuant to 10 Del. C. § 512(b) and Superior Court Civil Rule 132. The Commissioner held an evidentiary hearing and recommended in her report that the Petition be denied.
Upon remand this Court found Downs, who is incarcerated, to be indigent and directed the preparation of a transcript of the hearing before the Commissioner at State expense. This report is made following a de novo review of the record.
The recommended findings of fact by the Commissioner are fully supported by the testimony in this case. After two controlled buys of illegal drugs from Downs, a search warrant was executed at his residence. The Delaware State Police seized approximately $1,800.00 in U.S. Currency from Downs, approximately 19 grams of marijuana, approximately 5.2 grams of crack cocaine, approximately .2 grams of powdered cocaine plus letters addressed to Downs showing he lived at the residence. Downs admitted to selling drugs, but claimed that the cash seized from his person was gambling winnings. Several of the bills, however, matched the serial numbers of bills used by the State Police in a previous controlled buy of illegal drugs from him.
Downs' contention that the money seized from him was gambling winnings is unconvincing.
The seizure and forfeiture in this case was consistent with the Delaware Forfeiture of Drug Profits Act. The Commissioner's Report and Recommendation is adopted by the Court. Downs' Petition for Return of Property is denied. The Prothonotary shall forthwith transmit this Report and the record to the Clerk of the Supreme Court of Delaware.
IT IS SO ORDERED.