Legal Opinion

United States v. One 1971 BMW 4-Door Sedan

Court of Appeals for the Ninth Circuit

Decided August 3, 1981No. 79-3310PublishedCited by 37 opinions

1Opinion of the Court

SNEED, Circuit Judge:

Appellant Eddinger appeals from the district court judgment and decree of forfeiture to the United States of a 1971 BMW sedan used to facilitate the sale of a controlled substance. He challenges the forfeiture on four grounds: (1) that he was entitled under the Constitution to a probable cause hearing within 72 hours of the government’s seizure of his automobile; (2) that the two and one-half month lapse of time between the seizure and initiation of in rem judicial forfeiture proceedings deprived him of his constitutional rights; (3) that he was given inadequate notice of…

2Cases cited14 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  4. Robinson v. HanrahanSupreme Court of the United States · 1972
  5. Richard Stypmann v. The City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. United States v. Banco Cafetero Panama, Banco Cafetero Colon, Defendants-In-Rem-AppellantsCourt of Appeals for the Second Circuit · 1986
  2. United States v. One 1977 Mercedes Benz, 450 SEL, VIN 11603302064538Court of Appeals for the Ninth Circuit · 1983
  3. Gerardo Serrano v. U.S. Customs and BorderCourt of Appeals for the Fifth Circuit · 2020
  4. Terry L. Madewell v. Mike Downs, Anthony P. Grootens, and John PrineCourt of Appeals for the Eighth Circuit · 1995
  5. United States v. One 1985 Cadillac Seville, and Approximately $434,097.00 in United States Currency, and Michael Miroyan, Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1989

32 more not listed; retrieve them via the Exa API.

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