Legal Opinion

United States v. Property Identified as Lot Numbered 718

District Court, District of Columbia

Decided July 29, 1998No. Civil Action 96-2100-LFOPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

OBERDORFER, District Judge.

This case poses a novel legal question about the limits of the federal government’s power of civil forfeiture when waging its war on drugs. Claimant Kimberly Honesty contends that the United States violated her due process rights when, without notice or an adversarial hearing, it secured an in rem arrest warrant on her home and allegedly used the threat of eviction as leverage in settlement negotiations over its claim on a second parcel of property. The contours of the issue here are provided by the Supreme Court’s decision in United States v. James Daniel…

2Cases cited34 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Fuentes v. ShevinSupreme Court of the United States · 1972
  3. United States v. JacobsenSupreme Court of the United States · 1984
  4. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  5. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982

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3Cited by6 opinions

  1. United States v. 1461 W. 42nd St.Court of Appeals for the Eleventh Circuit · 2001
  2. United States v. 8 Gilcrease Lane, Quincy, Florida 32351Court of Appeals for the D.C. Circuit · 2011
  3. United States v. Real Property Located at 1184 Drycreek Road, Granville, Ohio 43023Court of Appeals for the Sixth Circuit · 1999
  4. United States v. 1461 West 42nd Street, HialeahCourt of Appeals for the Eleventh Circuit · 2001
  5. United States v. Real Property Located at 1184 Drycreek RoadCourt of Appeals for the Sixth Circuit · 1999

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