Legal Opinion

Camacho v. United States

District Court, E.D. New York

Decided October 3, 1986No. 86 M 81PublishedCited by 8 opinions

1Opinion of the Court

McLAUGHLIN, District Judge.

This is a motion pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure for the return of currency that plaintiff claims was unlawfully seized by the Drug Enforcement Administration (DEA). The Government contends that Fed.R.Crim.P. 41(e) does not invest the Court with subject matter jurisdiction over this case, and that petitioner has waived her right to a judicial determination because she failed to assert a proper claim to the property pursuant to 19 U.S.C. § 1608. For the reasons discussed below I reject the Government’s contentions and refer this case…

2Cases cited3 opinions

  1. United States v. Eight Thousand Eight Hundred & Fifty DollarsSupreme Court of the United States · 1983
  2. Standard Drywall, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1982
  3. In re Two Search Warrants Issued March 14, 1986District Court, E.D. New York · 1986

3Cited by8 opinions

  1. United States of America, Alice Harris, Claimant/appellant v. U.S. Currency, $83,310.78Court of Appeals for the Ninth Circuit · 1988
  2. Leo Muhammed Antoinette Muhammed v. Drug Enforcement Agency, Asset Forfeiture UnitCourt of Appeals for the Eighth Circuit · 1996
  3. United States v. $2,542 in U.S. CurrencyDistrict Court, D. Vermont · 1990
  4. Floyd v. United StatesDistrict Court, D. Colorado · 1987
  5. United States v. One 1985 Black Buick Automobile, Bearing New York License Number AHZ 732, Vehicle Identification Number 1G4BP69Y4FH800371District Court, W.D. New York · 1989

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