[DOWNLOAD] "Brown v. Ivie" by Eleventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Ivie
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 12, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
In 1978, Congress amended 21 U.S.C. § 881 to provide for the forfeiture of monies traceable to, intended for use, or used in the unlawful exchange of a controlled substance. Pub.L.No. 95-633, § 301(a), 92 Stat. 3777 (1978). At issue here are the requirements for standing to contest a forfeiture pursuant to this provision and the extent of proof necessary to establish probable cause of a substantial nexus between seized monies and illegal narcotics transactions. The government argues that the district court erred in (1) allowing standing to claimant, as assignee of the currency, without requiring proof of the validity of the assignors interest; and (2) granting claimants motion for summary judgment on the ground that the facts shown failed to establish probable cause. We agree with the government on both counts. We therefore reverse and remand so that the trial court may hold proceedings and make findings not inconsistent with this opinion.
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