Hopkins v. State of Delaware.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY QUAYSHETTA HOPKINS, : C.A. No. S09M-04-003 Petitioner, : v. : STATE OF DELAWARE, : Respondent. : FINAL ORDER 1) Petitioner Quayshetta Hopkins ("petitioner") filed a petition pursuant to 16 Del. C. ยง 4784(j) and Superior Court Civil Rule 71.3( c) seeking the return of United States currency which the State of Delaware ( the State ) seized on April 2, 2009, from a safe in a vehicle petitioner was driving. Petitioner s petition states that she was seeking the return of $3,998.00 in United States currency. At the hearing held in this matter, petitioner explained that she was seeking the return of $3,400.00, as only that amount belonged to her. Testimony established that an additional $498.00 was seized from Myron L. Hunt s ( Hunt ) person when he was arrested on drug charges on April 2, 2009.1 Since petitioner clarified she only is seeking to retrieve the $3,400.00 in currency seized from the safe and since no action seeking the return of the $498.00 seized from Hunt s person has been pursued, the $498.00 shall be deemed forfeited to the State. 1 The petition incorrectly sought $100.00 more than what was actually seized. 1 2) A hearing was held before the Commissioner on November 12, 2009, and the Commissioner entered an Order dated November 16, 2009, attached hereto as Exhibit A, wherein she concluded as follows: a) The State established probable cause to have initiated the forfeiture proceedings; b) Petitioner had not met her burden of proving the seized currency was not forfeitable; c) Petitioner was not entitled to the return of the currency and the currency must be forfeited to the State. 3) Neither party filed an appeal from the Commissioner s November 16, 2009, Order; 4) After reviewing de novo the Petition for Return of Property, the record in this case, and the Commissioner s November 16, 2009, Order, and for the reasons stated in the Commissioner s November 16, 2009, Order, THE COURT CONCLUDES AND ORDERS AS FOLLOWS THIS 7th DAY OF DECEMBER, 2009: 1) The Court adopts the Commissioner s findings and conclusions in the November 16, 2009, Order; 2) The State met its burden of establishing probable cause to have initiated the forfeiture proceeding; 3) Petitioner failed to meet her burden of proving the seized currency was not forfeitable. 4) Petitioner is not entitled to the return of the $3,400.00 in United States currency; 5) The $3,400.00 in United States currency which petitioner sought and the additional $498.00 seized from Hunt shall be forfeited to the State; and 2 6) The $3,898.00 in forfeited monies shall be deposited in the Special Law Enforcement Assistance Fund. _____________________________ JUDGE E. SCOTT BRADLEY cc: Prothonotary s Office Quayshetta Hopkins Robert J. O Neill, Jr., Esquire The Honorable Alicia B. Howard 3
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