Frail v. $ 24,900.00 in U.S. Currency
In Frail v. $ 24,900.00 in U.S. Currency, 192 W.Va. 473, 453 S.E.2d 307 (1994), the Court overturned a forfeiture of currency that had been taken from a man who had been charged with a drug transaction in another jurisdiction because there was insufficient evidence presented at trial to show that the seized money represented the fruits of drug dealing.
The Court held in Syllabus Point 5 of Frail that:
"Under W.Va. Code, 60A-7-703(a)(6) (1988), the State, in forfeiting property, is required to demonstrate that there is probable cause to believe there is a substantial connection between the property seized and the illegal drug transaction. This finding is in addition to the initial finding of probable cause that an illegal act under the drug law has occurred."
In Frail, the seizure of money occurred from a traffic stop where no drug violation was discovered, where no arrest for a drug violation was ever made, and where no search warrant was obtained.