Commonwealth v. Fontanez

In Commonwealth v. Fontanez, 559 Pa. 92, 739 A.2d 152 (1999) the police stopped Fontanez for a traffic violation at 8:30 p.m. in a neighborhood known for drug activity. The police officer spotted an open paper bag containing $ 2,650 in cash lying on the floor of the car. The officer was also familiar with Fontanez's and his family's involvement with drug activity. Fontanez refused to tell the police where he got the cash, which was seized. In addition, a drug dog alerted on the cash. Fontanez was later arrested for transporting drugs in an unrelated incident. The Supreme Court held that the facts in Fontanez were insufficient to support a forfeiture, pointing out that Fontanez was not charged with a crime in relation to the cash, and that the other factors raised nothing more than a suspicion of a nexus. The Court discounted the drug dog's alert, pointing out that it did not prove whether it was all of the cash, or only a single bill, that had been exposed to narcotics or when the exposure occurred. The Court also stated that a person stopped for a traffic violation has no obligation to respond to questions asked by an officer apart from statutory obligations to produce a driver's license, registration, and proof of insurance. Again, although it might arouse suspicions, failure to give an explanation where none is required cannot be construed as evidence of wrongful conduct. Fontanez, 559 Pa. at 96, 739 A.2d at 155.