Lawrence R. Frail, Prosecuting Attorney of Raleigh County, on Behalf of the West Virginia Department of Public Safety v. $24,900.00 in United States Currency, Alejandro Palmero, and Minerva Rivera, No. 22223 (W. Va. December 12, 1994) (Miller, J.): 192 W.Va. 473, 453 S.E.2d 307:
Reversing a forfeiture under the contraband forfeiture statute where no direct nexus between $24,900 in currency and illegal activity was established, the Court held (1) W. Va. Code § 60A-7-704(b)(4) allows property to be seized without process if there is probable cause to believe it was used or intended for use in violation of the Contraband Forfeiture Act; (2) probable cause to seize property subject to the forfeiture provisions of the Contraband Forfeiture Act must exist at the time the forfeiture petition is filed; (3) probable cause for purposes of the forfeiture of property pursuant to the Contraband Forfeiture Act means more than a mere suspicion, but less than prima facie proof; and (4) to sustain a forfeiture under the Contraband Forfeiture Act, the State must demonstrate, in addition to an initial finding that an illegal act under the drug law has occurred, that there is probable cause to believe that there is a substantial connection between the property seized and an illegal drug transaction.