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Article • February 1, 1999 • from P&J February, 1999
U.S. v. $9,041,598.68, No. 97-20413 (5th Cir.) (163 F.3d 238) (December 15, 1998) (Judge Fortunato P. Benavides) by The Court noted that the Ninth, First and Eighth Circuits have held that the Government is restricted to evidence acquired at the time of the complaint (see U.S. v. $191,910.00 in United …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. One Lot of U.S. Currency ($36,634), No. 96-1753 (1st Cir.) (103 F.3d 1048) (January 8, 1997) (Judge Sandra L. Lynch) by "In civil forfeiture cases brought by the government under § 881, U.S. Customs procedures control the allocation of the parties' burdens of proof. 21 U.S.C. § 881(d) …
Article • January 1, 1994
U.S. v. $191,910.00 in U.S. Currency, No. 92-15583 (9th Cir.) (16 F.3d 1051) (February 18, 1994) (Judge Stephen Reinhardt) by "After the district court granted his motion to suppress, Morgan moved for summary judgment on the ground that the government had failed to show probable cause for the institution of …
Article • January 1, 1994
U.S. v. $67,220.00 in United States Currency, No. 91-5645 (6th Cir.) (957 F.2d 280) (February 28, 1992) (Judge Ralph B Jr. Guy) by But see U.S. v. $191,910 in U.S. Currency, 16 F.3d 1051 (9th Cir. 1994); U.S. v. One Lot of U.S. Currency ($36,634), 103 F.3d 1048 (9th Cir. …
Article • January 1, 1994
U.S. v. $91,960.00, No. 89-1335 (8th Cir.) (897 F.2d 1457) (March 14, 1990) (Judge Myron H. Bright) by Here the Eighth Circuit held that post-complaint evidence is not admissible when the Government is seeking to establish probable cause for a forfeiture hearing.
Article • January 1, 1994
U.S. v. Premises & Real Property at 4492 S. Livonia Rd., No. 88-6040, No. 71 (2nd Cir.) (889 F.2d 1258) (August 30, 1989) (Judge Wilfred Feinberg) by Case held that the Government is not precluded from using post-complaint evidence to prove probable cause at a forfeiture hearing; thus the court …