Baker, J.
Alvin Lewis was pulled over as part of a routine traffic stop. The deputy told Lewis he would merely get a warning but, because of some inconsistent answers provided by Lewis, the deputy decided to conduct a dog sniff of Lewis’s vehicle. After the dog alerted, the deputy searched Lewis’s vehicle and found over $77,000 in cash. Lewis denied that the money was his. No criminal charges were filed, but the State seized the cash and filed a motion to turn the money over to the federal government, which the trial court granted. Lewis now appeals, arguing that the search was unlawful and that, even if the search was lawful, the seizure of the cash was unlawful because the State failed to show a nexus between the cash and any crime. Finding that the seizure of the cash was unlawful and that the trial court erred by granting the motion for turnover, we reverse and remand.
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…In other words, the General Assembly has reasonably decreed that for the State to seize cash and seek its forfeiture—or turnover—it must show a nexus between the cash and some sort of criminal activity.
In this case, there is no evidence whatsoever that a crime occurred. No drugs were found. The State did not bother to test the scales or the cash for residue, so no drug residue was found. No drug paraphernalia was found. The State insisted at oral argument that while it is “unclear what the crime is,” there must have been a crime committed in the context of the possession of this much cash. We think this argument goes several steps too far. The plain language of the statute requires the State to prove that the money is directly related to some sort of criminal activity. Here, there is a complete dearth of evidence in that regard.
Under these circumstances, the State has wholly failed to prove that the cash was properly seized pursuant to Indiana Code chapter 34-24-1. Therefore, it has failed to show that it is entitled to a turnover order under Indiana Code section 35-33-5-5(j), and the trial court erred by granting the State’s motion.
Unfortunately, Lewis’s money was prematurely turned over to the federal government, which is now in possession of it. [FN: We note our concern that Deputy Simmons has apparently already, and prematurely, turned the currency over to federal law enforcement. It appears, as a result, that the currency is in federal, rather than state, possession at this time. We strongly encourage law enforcement officers to abide by state law with respect to forfeiture and turnover proceedings.] Given the unusual circumstances of this case, especially the fact that there is no evidence whatsoever that a crime was committed, we do not believe that it is fair to require Lewis to undertake the process of retrieving his money from the federal government. Therefore, we reverse and remand with instructions that the State reimburse Lewis instanter; the State may then choose to try to recoup that money from the federal government.
Because we have resolved this case pursuant to the turnover and forfeiture statutes, we need not and will not consider the parties’ arguments regarding the constitutionality of the search.
The judgment of the trial court is reversed and remanded.
Najam, J., and Robb, J., concur.