19 Cited authorities

Catlin v. City
574 F.3d 361 (7th Cir. 2009) Cited 113 times
Holding that it was reasonable for an arresting officer to "forcibly plac[e] his knee" on the suspect's back while another officer handcuffed him "n light of the fact that [the suspect] admitted that he 'struggled really, really hard' and managed temporarily to break free"
United States v. One Ford Coach
307 U.S. 219 (1939) Cited 237 times
Finding that the taking of property without compensation "should be enforced only when within both the letter and the spirit of the law."
U.S. v. $84,615 in U.S. Currency
379 F.3d 496 (8th Cir. 2004) Cited 88 times
Holding that claimant's attempts to conceal the money's presence by falsely stating he could not open the trunk, combined with packaging the money to mask drug odors, was evidence that the money was connected to drug trafficking
U.S. v. All Assets Equip. of West Side Bldg
58 F.3d 1181 (7th Cir. 1995) Cited 98 times
Holding that issue was not waived when raised at first opportunity
U.S. v. $22,173.00 in U.S. Currency
716 F. Supp. 2d 245 (S.D.N.Y. 2010) Cited 40 times
Finding that of a large amount of currency kept in a safe deposit box rather than in an interest—bearing account, combined with factual allegations that suggest a pattern of drug trafficking, was sufficient at the pleading stage for the government to create a reasonable belief that it would be able to meet its burden at trial that the money was the proceeds of drug trafficking
United States v. $63,530.00 in U.S. Currency
781 F.3d 949 (8th Cir. 2015) Cited 13 times
Using the date of the seizure by a state official during a traffic stop as the starting date
United States v. $38,600.00 in U.S. Currency
784 F.2d 694 (5th Cir. 1986) Cited 49 times
Holding that $38,600 which was concealed under the back seat of a car and which was found along with a pipe containing marijuana residue and cigarette rolling papers may give rise to probable cause to believe that the money was connected with some illegal activity, but created no more than a mere suspicion that the money was furnished or intended to be furnished in exchange for drugs
U.S. v. Currency $11,331
482 F. Supp. 2d 873 (E.D. Mich. 2007) Cited 15 times
No. 05-73793. March 27, 2007. Tauras N. Ziedas, United States Attorney's Office, Detroit, MI, for Plaintiff. Arlene F. Woods, Farmington Hills, MI, for Defendant and Claimant. OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO STRIKE CLAIMANT'S ANSWER AND CLAIM, DENYING CLAIMANT'S MOTION FOR SUMMARY JUDGMENT, AND DIRECTING PARTIES TO ADDRESS CLAIMANT'S DEATH DAVID M. LAWSON, District Judge. On October 4, 2005, the government filed an in rem forfeiture complaint against $11,331 seized
United States v. $48,100.00 in U.S. Currency
756 F.3d 650 (8th Cir. 2014) Cited 8 times 1 Legal Analyses
No. 13–1902. 2014-06-27 UNITED STATES of America, Plaintiff–Appellee v. $48,100.00 IN UNITED STATES CURRENCY, Defendant. John R. Nelson, Claimant–Appellant. Patrick Cavanaugh Brennan, Sr., argued, Milwaukee, WI, for Appellant. Nancy A. Svoboda, AUSA, argued, Omaha, NE, for Appellee. BYE Patrick Cavanaugh Brennan, Sr., argued, Milwaukee, WI, for Appellant. Nancy A. Svoboda, AUSA, argued, Omaha, NE, for Appellee. Before LOKEN, BYE, and BENTON, Circuit Judges. BYE, Circuit Judge. Claimant John R. Nelson
United States v. $60,020.00 U.S. Currency
41 F. Supp. 3d 277 (W.D.N.Y. 2011) Cited 10 times
Rejecting argument that 90-minute delay to wait for arrival of drug-sniffing dog "transformed what was a legitimate investigatory stop into an illegal seizure"
Section 801 - Congressional findings and declarations: controlled substances
21 U.S.C. § 801 Cited 7,273 times 77 Legal Analyses
Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances
Section 881 - Forfeitures
21 U.S.C. § 881 Cited 4,866 times 7 Legal Analyses
Adopting five-year statute of limitations of 19 U.S.C. § 1621
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,796 times 8 Legal Analyses
Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"

USA v. $ 220,020.00 in United States Currency

19 Cited authorities

Holding that it was reasonable for an arresting officer to "forcibly plac[e] his knee" on the suspect's back while another officer handcuffed him "n light of the fact that [the suspect] admitted that he 'struggled really, really hard' and managed temporarily to break free"

Finding that the taking of property without compensation "should be enforced only when within both the letter and the spirit of the law."

Holding that claimant's attempts to conceal the money's presence by falsely stating he could not open the trunk, combined with packaging the money to mask drug odors, was evidence that the money was connected to drug trafficking

Holding that issue was not waived when raised at first opportunity

Using the date of the seizure by a state official during a traffic stop as the starting date

Rejecting argument that 90-minute delay to wait for arrival of drug-sniffing dog "transformed what was a legitimate investigatory stop into an illegal seizure"

Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

Adopting five-year statute of limitations of 19 U.S.C. § 1621

Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"