Legal Opinion · Dissent

United States v. $12,248 U.S. Currency, and Jack Johnson, Claimant-Appellee

Court of Appeals for the Ninth Circuit

Decided February 27, 1992No. 90-15912Published

1DissentFarris, Circuit Judge

The majority’s opinion focuses on what it calls the government’s “poor investigation” and “unreasonable delay.” Because I believe the government adequately demonstrated a reasonable justification for its actions, I "respectfully dissent.

The Equal Access to Justice Act seeks to punjsh unreasonable government behavior without impairing the government’s.ability to effectively and efficiently enforce the nation’s, laws. United States v. B & M Used Cars, 860 F.2d 121, 124 (4th Cir.1988). The government must pass the four part test established by the Supreme Court: 1) length of delay; 2) reason for…

2Cases cited7 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. United States v. Eight Thousand Eight Hundred & Fifty DollarsSupreme Court of the United States · 1983
  3. George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
  4. Ivers v. United StatesCourt of Appeals for the Ninth Circuit · 1978
  5. United States v. One 1985 Chevrolet CorvetteCourt of Appeals for the Sixth Circuit · 1990

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API