Legal Opinion

United States v. $38,600.00 in U.S. Currency, Alvaro Freitas and August Freitas, Claimants-Appellants

Court of Appeals for the Fifth Circuit

Decided March 12, 1986No. 85-1017PublishedCited by 67 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

This case is on appeal to determine whether the district court properly ordered the forfeiture of $38,600 in United States currency under 21 U.S.C. § 881. 1 The money, found in cash, taped under the claimant’s car seat, was discovered during a warrantless search at a permanent Border Patrol checkpoint near Sierra Blanca, Texas. Because the government failed to establish probable cause for the belief that a substantial connection existed between the seized money and its exchange for a controlled substance, we reverse the district court’s order of forfeiture.

I

On…

2Cases cited7 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. Three Hundred Sixty Four Thousand Nine Hundred Sixty Dollars ($364,960.00) in United States CurrencyCourt of Appeals for the Fifth Circuit · 1981
  3. United States v. $93,685.61 in U.S. Currency, Benjamin Lonzo Willis, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  4. United States v. $2,500 in United States Currency, in Rem-AppellantCourt of Appeals for the Second Circuit · 1982
  5. United States v. Twenty-Two Thousand, Two Hundred Eighty Seven Dollars ($22,287.00), United States CurrencyCourt of Appeals for the Sixth Circuit · 1983

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

3Cited by67 opinions

  1. United States v. $191,910.00 in U.S. Currency, Bruce R. Morgan, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  2. United States v. Joseph Pace, Anthony Besase, Christ Savides, Donald Smith, John Cialoni, and Robert WilsonCourt of Appeals for the Seventh Circuit · 1990
  3. United States v. $92,203.00 in United States CurrencyCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. Gregory J. EdwardsCourt of Appeals for the Seventh Circuit · 1989
  5. United States v. $80,760.00 in U.S. CurrencyDistrict Court, N.D. Texas · 1991

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

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