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suspicious and requested petitioner's consent to search the
vehicle, a request agreed to by petitioner.
A visual examination of petitioner's pickup truck led Officer
Ramirez to believe that the truck's spare tire had been altered.
As a result, Officer Ramirez asked petitioner to follow him to a
nearby DPS building so that a more intensive search could be
undertaken. Again, petitioner complied. At the DPS station, a
border patrol canine conducted a search of petitioner's truck and
“alerted” the officers to the spare tire. After petitioner
provided the key for the padlock, the officers removed the spare
tire from its bracket and discovered the money. Petitioner told
Officer Ramirez that he did not know how the money got into the
spare tire.
Before leaving the DPS station, petitioner and his two
passengers (Mr. Waller and Ms. Miller) each executed a Waiver of
Citation, Interest, and Release, disclaiming any interest in the
$99,880. On November 14, 1993, petitioner again disavowed any
ownership interest in the $99,880, and provided a voluntary written
statement to investigators concerning the existence of Abel and the
circumstances surrounding the receipt of the money. Petitioner
was neither arrested nor charged in connection with possessing
stolen currency. Abel has never been located or identified by DPS
authorities. No one has claimed the money. The $99,880 was
eventually forfeited as contraband to the State of Texas.
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Last modified: May 25, 2011