Legal Opinion

Authority of the Customs Service to Seize or Forfeit Property Pursuant to 21 U.S.C. § 881

Department of Justice Office of Legal Counsel

Decided November 23, 1988Published

1Opinion of the Court

Authority of the Customs Service to Seize or Forfeit Property Pursuant to

21 U.S.C. § 881

The Customs Service does not have independent authority to make seizures or forfeitures pursuant to 21 U.S.C. § 881. Accordingly, the Customs Service should seize or forfeit property pursuant to that section only under the supervision of the Drug Enforcement Administration and by direct or derivative designation of the Attorney General. The proceeds of property forfeited after a seizure by the Customs Service must be deposited in the Customs Forfeiture Fund, rather than in the Department of Justice Assets…

2Cases cited11 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  3. United Steelworkers of America v. WeberSupreme Court of the United States · 1979
  4. United States v. One Ford Coupe AutomobileSupreme Court of the United States · 1926
  5. United States v. One 1977 Mercedes Benz, 450 SEL, VIN 11603302064538Court of Appeals for the Ninth Circuit · 1983

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