Legal Opinion
United States v. Certain Real Estate Property Located at 4880 S.E. Dixie Highway
District Court, S.D. Florida
Decided July 3, 1985No. 85-8353-CIVPublishedCited by 28 opinions
1Opinion of the Court
ORDER
GONZALEZ, District Judge.
The issue presented in this case is whether the Attorney General’s seizure of real property pursuant to 21 U.S.C. § 881(b) and the Supplemental Rules for Certain Admiralty and Maritime Claims without a prior ex parte judicial determination that the property is subject to forfeiture violates the due process clause of the Fifth Amendment.
This court has jurisdiction of the matter pursuant to 28 U.S.C. §§ 1345 and 1355; venue in this forum is proper under 28 U.S.C. § 1395.
I
Section 301(a)(6) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“Act”),…
2Cases cited14 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. 4492 South Livonia RoadCourt of Appeals for the Second Circuit · 1989
- United States v. $38,000.00 in United States Currency, David English and Michael William English, Claimants-AppellantsCourt of Appeals for the Eleventh Circuit · 1987
- United States v. A Single Family Residence And Real Property Located At 900 Rio Vista Blvd., Ft. LauderdaleCourt of Appeals for the Eleventh Circuit · 1986
- United States v. Pole No. 3172, Hopkinton, Etc., Appeal of Alice Gazda, Ida Ambrosio and Charles FogartyCourt of Appeals for the First Circuit · 1988
- United States v. $39,000 in Canadian CurrencyCourt of Appeals for the Tenth Circuit · 1986
23 more not listed; retrieve them via the Exa API.