Resident of Atlanta shipped item back to Atlanta by UPS while in Texas. The package travelled through the UPS hub in Louisville, Kentucky. While processing through the hub, Louisville Metro police used a drug sniffing dog as part of a task force to “smell out” probable cause. Identifying the package as “suspicious” because it was shipped from Houston, Texas and because it had “H.V.” marking on the exterior of the package, Metro police then called in a drug sniffing dog. The dog purported to “hit” on the package and Metro police directed UPS personnel to open the package without a warrant. In the package there were no drugs or illegal contraband but there was cash. Metro police then confiscated the money and filed a civil forfeiture action in Louisville even though there was no evidence of criminal activity, no evidence of proximity of the cash to controlled substances and no evidence (however slight) that the currency had been used or was intended to be used in a drug transaction.
Civil Forfeiture/KRS 218A.140/traceability/probable cause
