IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, )

)

PLAINTIFF, )

)

v. ) CIVIL ACTION NO. 2:06cv736-WKW

)

SEVENTY FOUR THOUSAND SEVEN )

HUNDRED ($74,700) DOLLARS IN )

UNITED STATES CURRENCY, )

)

DEFENDANT. )

RESPONSE TO CLAIMANT’S MOTION TO STRIKE

The United States of America (United States), by and through

Leura G. Canary, United States Attorney for the Middle District of

Alabama, and John T. Harmon, Assistant United States Attorney,

hereby submits the following:

1. The United States concurs with the Claimant that the

Rules of Evidence are applicable at a civil forfeiture trial.

Accordingly, hearsay would generally be inadmissible on the

ultimate issue of forfeitability.

2. The Claimant seeks only to strike “the affidavit for

search warrant and all references thereto, from the hearing on

Motion to Suppress”. At the suppression hearing an affidavit for

the first search warrant was admitted without objection. See p.6,

lines 5 through 15, transcript of hearing. Also admitted upon

motion of the Claimant was the inventory for the first search

warrant. See p.37, lines 15 through 25, transcript of hearing; and

p.38, lines 1 through 16, transcript of hearing. The second search

warrant was also admitted but no mention is made if the supporting

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affidavit was attached or admitted at the same time. See p.10,

lines 10 through 17, transcript of hearing.

3. The Claimant’s motion is not specific enough to allow the

United States to determine exactly what the Claimant seeks to

suppress. Particularly troubling is the request to strike “all

references to” the affidavit. Such a generalized motion leaves the

United States (and the Court) in a position of having to review

large portions of the transcript in order to determine if it

contains references to unspecified hearsay in an affidavit.

Additionally, some of the affidavit and references thereto may not

be hearsay or may be subject to a hearsay exception under the Rules

of Evidence.

4. Because the Claimant fails to frame his objections and

motion to strike in a manner which allows the United States and the

Court to determine the basis, applicability, extent and legal

soundness of the same, the United States urges the Court to deny

the motion. Alternatively, the United States moves the Court to

require the Claimant to more specifically state the portions of the

affidavit and transcript which are the subject of his objections

and the basis for the specific objection.

Respectfully submitted this 29 day of November, 2007. th

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FOR THE UNITED STATES ATTORNEY

 LEURA G. CANARY

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Office of the United States Attorney

Middle District of Alabama

One Court Square, Suite 201 (36104)

Post Office Box 197

Montgomery, Alabama 36101-0197

Telephone:(334) 223-7280

Facsimile:(334) 223-7560

E-mail: John.Harmon@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that on November 29, 2007, I electronically

filed the foregoing with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to the

following: Bruce Maddox.

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Case 2:06-cv-00736-WKW-SRW Document 43 Filed 11/29/2007 Page 3 of 3