Federal Judiciary

9th Circuit Notes Split Re Whether Illegally Seized Property Must Be Suppressed when It Is the Object of a Forfeiture

By A. Benjamin Spencer

We note that circuit courts are split on the issue whether and to what extent illegally seized property must be suppressed when it is the object of a forfeiture action. David B. Smith, Prosecution and Def. of Forfeiture Cases § 10.05[8] (2007) (noting that this issue may be dispositive when illegally seized res is currency); see also United States v. $557,933.89 in U.S. Currency, 287 F.3d 66, 80 (2d Cir.2002) (undecided); United States v. $36,634 in U.S. Currency, 103 F.3d 1048, 1052 n. 3 (1st Cir.1997), superseded on other grounds as stated in United States v. Lopez-Burgos, 435 F.3d 1, 2 (1st Cir.2006) (limited admissibility); United States v. $12,390 in U.S. Currency, 956 F.2d 801, 806 (8th Cir.1992) (admissible); United States v. $639,585 in U.S. Currency, 955 F.2d 712, 715 n. 5 (D.C.Cir.1992) (limited admissibility).

Full post as published by Split Circuits on March 14, 2008 (boomark / email).