OAH 16-6100-21118-3

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE METRO GANG STRIKE FORCE ADVISORY BOARD

In the Matter of Sean Trudo

FINDINGS OF FACT,

CONCLUSIONS AND DECISION

The Metro Gang Strike Force Advisory Board (Advisory Board) has directed the League of Minnesota Cities Insurance Trust (LMCIT) to pay equitable claims filed against the Metro Gang Strike Force (MGSF) by persons whose property, currency or both were seized but not properly forfeited.

The Advisory Board and LMCIT have established a process whereby claimants may seek administrative review of the record or, in the alternative, an administrative hearing to appeal the denial of a claim. Sean Trudo (Claimant) filed a request for hearing on February 2, 2010.

On March 30, 2010, the Office of Administrative Hearings served a Notice of Hearing upon the parties. LMCIT filed and served the contents of its claim file on April 5, 2010. Pursuant to the Notice of Hearing, the matter came for hearing before Administrative Law Judge Manuel J. Cervantes on May 4, 2010.

Claimant did not appear at the hearing nor did he contact the ALJ to request a continuance or to request other relief. Pursuant to the Notice of Hearing, the ALJ will make a decision based on the record.

STATEMENT OF ISSUE

Should the currency and property seized from the Claimant by the MGSF on May 30, 2007 be returned to the Claimant?

The Administrative Law Judge concludes that the record supports that MGSF used appropriate legal processes to forfeit the currency and personal property seized from the Claimant and that no payment is due to Claimant from the LMCIT.

Based upon the record in this matter, the ALJ makes the following:

FINDINGS OF FACT

1. On or about May 10, 2007, officers of the MGSF commenced surveillance of Claimant. A cooperating individual made a controlled purchase of methamphetamine on behalf of the MGSF.[1]

2. On May 25, 2007, a judge of the Second Judicial District granted the MGSF’s application for a search warrant of Claimant’s residence.[2]

3. On May 29, 2007, the St. Paul Department of Police Crime Laboratory confirmed that the whitish crystal-like substance purchased from Claimant by the cooperating individual under the auspices of the MGSF confirmed the substance to be methamphetamine.[3]

4. On May 31, 2007, officers of the MGSF executed a narcotics search warrant at [STREET ADDRESS REDACTED], Maplewood, MN. This was the residence of Claimant and his girlfriend Andrea Mills and where the methamphetamine purchase occurred earlier in the month.[4]

5. During the search, MGSF officers seized certain property, currency, and contraband, including 2 computers, a digital camera, 2 iPods, a DVD player, a Play Station, a Microsoft Zune, a cell phone, a 1992 GMC Conversion Gladiator vehicle, $1,825.00 in currency, a glass pipe with suspected methamphetamine residue, and a small amount of marijuana. The property and currency were inventoried and placed in the MGSF property room.[5]

6. On May 31, 2007, the Claimant was arrested on a probation violation.[6] The Claimant was not charged with any crime as a result of the investigation or execution of the search warrant.[7]

7. On May 31, 2007, the MGSF personally served Claimant with a Notice of Seizure and Intent to Forfeit Property. The Notice advised Claimant that the $1,825.00 in currency seized from him would be forfeited automatically, unless the Claimant demanded a judicial determination under Minn. Stat. § 609.5314, subd. 3.[8]

8. On June 4, 2007, the St. Paul Department of Police Crime Laboratory confirmed the residue ranging in color from white to black on a blown glass pipe which was seized from Claimant’s residence on May 31, 2007 was methamphetamine.[9]

9. The Claimant challenged the seizure of the $1,825 in currency and personal property in the approximate amount of $2,300. The contested matter came on before the Second Judicial District, Ramsey County Conciliation Court on August 20, 2007. The District Court granted judgment in favor of the MGSF.[10] Claimant did not appeal the Conciliation Court Judgment.[11]

10. On October 23, 2009, Claimant filed a Public Claim Report requesting the return of the seized currency and personal property stating he was never charged with a crime resulting from the search and seizure. Claimant further alleged that [conviction of] a parole violation did not justify the seizure of his currency and property.[12]

11. On November 19, 2009, LMCIT denied Claimant’s request for the return of the seized cash and personal property based on the fact that Claimant had exhausted his civil remedies in the Ramsey County Conciliation Court and was not entitled to further relief.[13]

12. On February 2, 2010, the Claimant filed a Notice of Appeal requesting a contested hearing before an Administrative Law Judge.[14]

13. Pursuant to a Notice of Hearing served on March 31, 2010, the matter was set for hearing on May 4, 2010.[15]

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS

1. The Administrative Law Judge has jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the Resolution of the Metro Gang Strike Force Advisory Board, approved September 16, 2009.[16]

2. The Metro Gang Strike Force used the appropriate legal processes to forfeit the funds and personal property seized from the Claimant on May 31, 2007, and no additional payment or return of personal property from the LMCIT is required.

Based on the foregoing Conclusions, the Administrative Law Judge makes the following:

DECISION

The decision from the LMCIT is AFFIRMED and it does not need to make a payment or return personal property as asserted by the Claimant.

Dated: May 25, 2010

s/Manuel J. Cervantes

MANUEL J. CERVANTES

Administrative Law Judge

NOTICE

Pursuant to an Advisory Board resolution, dated September 16, 2009, the Advisory Board and LMCIT have agreed to be bound by the ALJ’s decision in this matter. This decision is not binding in any way on the Claimant, and by pursuing this administrative review, the Claimant has lost no legal right or remedy. The Claimant may bring an action in any court with jurisdiction over the claim asserted herein, notwithstanding any decision from tribunal.

MEMORANDUM

The record reflects that the MGSF was investigating Claimant based on information that Claimant was selling controlled substances from his residence. The MGSF effectuated the purchase of the controlled substance, methamphetamine, from the Claimant by a cooperating individual. The St. Paul Police Crime Laboratory confirmed that the whitish crystal-like substance purchased from Claimant was methamphetamine.

Based on this information, the MGSF obtained a search warrant of Claimant’s residence in St. Paul. The MGSF seized $1,825 in currency and approximately $2,300 in personal property from the Claimant while executing the search warrant. A small amount of marijuana and a blown glass pipe containing methamphetamine residue was also confiscated from the residence. All money found in proximity to controlled substances is presumed to be subject to administrative forfeiture.[17] The MGSF gave the Claimant notice of its intent to seize and forfeit the currency, and the Claimant initiated an action to obtain its return in Ramsey County Conciliation Court. Judgment was entered in favor of the MGSF and the action was dismissed. Claimant did not appeal the Conciliation Court decision.

Claimant requested a contested hearing yet he failed to appear. He did not submit any additional information or documentary evidence in support of his position. The Claimant exhausted his civil remedy in Conciliation Court. The Administrative Law Judge has no reason to disturb the Conciliation Court judgment granted in favor of the MGSF.

M. J. C.

[1] MGSF Report of Investigation dated May 24, 2007, Application for Search Warrant and Supporting Affidavit of MGSF Officer.

[3] St. Paul Department of Police Crime Laboratory report, dated May 29, 2007.

[5] Receipt, Inventory and Return Form executed by Investigator Mike Servatka, attached to the Public Claim Report filed by Claimant.

[8] Notice of Seizure and Intent to Forfeit Property, dated May 31, 2007.

[9] St. Paul Department of Police Crime Laboratory report, dated June 4, 2007.

[10] Second Judicial District, Ramsey Count Conciliation Court Judgment, dated August 27, 2007. See also Register of Actions, Case No. 62-CO-0-912.

[13] LMCIT letter to Claimant dated November 19, 2009.

[16] See Minutes, Metro Gang Strike Force Advisory Board Meeting, Sept. 16, 2009.