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United States v. One (1) 1971 Harley-Davidson Motorcycle Serial 4a25791h1, Its Tools and Appurtenances, Michael Ohlmann, Claimant-Appellee

Court of Appeals for the Ninth Circuit

Decided December 12, 1974No. 73-1381PublishedCited by 50 opinions

1Opinion of the Court

OPINION

Before CHAMBERS and WALLACE, Circuit Judges, and SMITH, * District Judge.

2Per curiam

We believe the district court was in error when it denied the forfeiture action of the United States, brought pursuant to 49 U.S.C. § 782, on the basis that the warrantless seizure of the motorcycle was unreasonable. While we do not condone illegal searches and while the district court’s finding is supported by the evidence, that does not answer the question before us. “The mere fact of the illegal seizure, standing alone, does not immunize the goods from forfeiture.” John Bacall Imports, Ltd. v. United States,…

3Cases cited7 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  4. United States v. Robert C. McCormickCourt of Appeals for the Ninth Circuit · 1974
  5. Samuel Berkowitz v. United States of America, LibellantCourt of Appeals for the First Circuit · 1965

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4Cited by50 opinions

  1. Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984
  2. United States v. 4492 South Livonia RoadCourt of Appeals for the Second Circuit · 1989
  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. One 1977 Mercedes Benz, 450 SEL, VIN 11603302064538Court of Appeals for the Ninth Circuit · 1983
  5. United States v. Six Hundred Thirty-Nine Thousand Five Hundred and Fifty-Eight Dollars ($639,558) in United States CurrencyCourt of Appeals for the D.C. Circuit · 1992

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

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