Legal Opinion
United States v. One 1985 Black Buick Automobile, Bearing New York License Number AHZ 732, Vehicle Identification Number 1G4BP69Y4FH800371
District Court, W.D. New York
Decided November 28, 1989No. Misc. No. CR-88-163PublishedCited by 5 opinions
1Opinion of the Court
CURTIN, District Judge.
The claimants in these two seizure eases, James Giliforte and Jane Sztuk, have brought motions under Rule 41(e) of the Federal Rules of Criminal Procedure requesting that the court conduct an eviden-tiary hearing to determine whether the two vehicles at issue should be forfeited or be returned to them.
Seizure warrants for the vehicles were issued on October 27, 1988, and the vehicles were seized the following day. The vehicles were taken pursuant to 18 U.S.C. § 1955(d), which authorizes the seizure of property associated with illegal gambling businesses. The claimants…
2Cases cited8 opinions
- United States v. Eight Thousand Eight Hundred & Fifty DollarsSupreme Court of the United States · 1983
- United States v. Von NeumannSupreme Court of the United States · 1986
- United States of America, Alice Harris, Claimant/appellant v. U.S. Currency, $83,310.78Court of Appeals for the Ninth Circuit · 1988
- Jim Floyd v. United StatesCourt of Appeals for the Tenth Circuit · 1988
- In Re Search and Seizure, Al James HarperCourt of Appeals for the Eighth Circuit · 1988
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3Cited by5 opinions
- People v. One 1998 GMCIllinois Supreme Court · 2011
- United States v. $2,542 in U.S. CurrencyDistrict Court, D. Vermont · 1990
- People v. ONE 1998 GMCIllinois Supreme Court · 2011
- United States v. DoulehDistrict Court, W.D. New York · 2003
- United States v. PadillaDistrict Court, W.D. New York · 1992