Legal Opinion

United States v. 4492 South Livonia Road

Court of Appeals for the Second Circuit

Decided November 17, 1989No. 71, Docket 88-6040PublishedCited by 272 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

This appeal raises substantial questions, some of first impression in this circuit, in connection with the government’s use of 21 U.S.C. § 881(a)(7), which provides for civil forfeiture of real property. Foremost among the issues before us is whether the government may seize a person’s home without first giving the homeowner an op*1260portunity to be heard. Claimant-appellant Peter Serafine appeals from a final judgment in an in rem action forfeiting his interest as owner of record of the defendant premises. Appellant argues that the United States District Court for the…

2Cases cited42 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Goldberg v. KellySupreme Court of the United States · 1970
  4. Fuentes v. ShevinSupreme Court of the United States · 1972
  5. Boddie v. ConnecticutSupreme Court of the United States · 1971

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

3Cited by272 opinions

  1. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
  2. United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
  3. United States v. $191,910.00 in U.S. Currency, Bruce R. Morgan, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  4. United States v. DaccarettCourt of Appeals for the Second Circuit · 1993
  5. Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991

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

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