California motorist seeks return of $11,000 seized in NM

| The Associated Press

8/21/2008 - 8/21/08

ALBUQUERQUE— A California man wants the Bernalillo County Sheriff's Department to return $11,000 that a deputy seized from him when he was pulled over but not ticketed on Interstate 40.

But sheriff's Lt. Matt Thomas said the "totality of circumstances" justified seizing the money from Dennis Ducre, an African-American who contends he was racially profiled.

Thomas declined to elaborate on the circumstances, the Albuquerque Journal reported Thursday.

A small amount of marijuana was found in Ducre's car, which sheriff's officials said gave Deputy Peter Roth reason to believe the money might be suspect.

The money was confiscated through civil forfeiture. Thomas said the money will be returned to Ducre "if he shows that it's legitimate income."

"I worked for the money. I shouldn't have to prove that it's mine," said Ducre, 48, of Pasadena.

He said he has a prescription for the marijuana because he has chronic back and knee pain, an ulcer and hypertension. California has a law allowing medical use of marijuana.

Ducre was driving a car at 67 mph in the fast lane of a 75 mph zone on I-40 west of Albuquerque when he was stopped Friday and was issued a written warning for driving too slowly.

Ducre said he slowed down to change lanes just before he was pulled over. Roth asked Ducre whether he had anything illegal in his car, and Ducre said he told the deputy he had a small amount of medical marijuana and a large amount of cash.

Ducre said Roth asked to see the money, confiscated it without explanation and gave Ducre a receipt, confirming that $11,000 and a half-gram of marijuana was seized.

Ducre said he recently had received the money as a loan to buy property.

He was not charged with a crime, and Thomas said deputies can use their discretion when someone has a small amount of drugs.