Legal Opinion

United States v. Real Property Known as 22249 Dolorosa Street

Court of Appeals for the Ninth Circuit

Decided February 3, 1999No. Nos. 97-55642, 97-55650PublishedCited by 24 opinions

1Opinion of the Court

SCHWARZER, Senior District Judge:

James Hopkins (“Hopkins”), Gloria Lowndes, and Gary Lowndes (Hopkins’ mother and step-father, “the Lowndeses”) appeal a judgment forfeiting real property situated at 22249 Dolorosa Street, Woodland Hills, California, pursuant to 21 U.S.C, § 881(a)(6) (1994). We hold that a claimant in a civil forfeiture proceeding who withdraws his claim after an adverse probable cause determination retains standing to appeal, and that in relying on evidence it had suppressed, the district court erred in finding probable cause.1 Accordingly, we reverse.

FACTS AND PROCEDURAL…

2Cases cited14 opinions

United States v. $191,910.00 in U.S. Currency, Bruce R. Morgan, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1994
United States v. John Spilotro Herbert Blitzstein and Joseph C. BlaskoCourt of Appeals for the Ninth Circuit · 1986
United States v. David Taketa and Thomas O'BrienCourt of Appeals for the Ninth Circuit · 1991
United States v. One 56-Foot Motor Yacht Named the Tahuna, and New Approach, Inc., Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1983
UNITED STATES of America, Plaintiff-Appellee, v. Juan Ramon MATTA-BALLESTEROS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995

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

3Cited by24 opinions

Bowles v. ReadeCourt of Appeals for the Ninth Circuit · 1999
United States v. Real Property Located at 5208 Los Franciscos WayCourt of Appeals for the Ninth Circuit · 2004
United States v. Real Property Known as 22249 Dolorosa StreetCourt of Appeals for the Ninth Circuit · 1999
People v. Superior Court (Plascencia)California Court of Appeal · 2002
United States v. $58,422.00 in U.S. CurrencyCourt of Appeals for the Ninth Circuit · 2005

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