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UNITED STATES v. $38,600.00 IN U.S. CURRENCY

No. 85-1017.

784 F.2d 694 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. $38,600.00 IN U.S. CURRENCY, Defendant, Alvaro Freitas and August Freitas, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 12, 1986.

Attorney(s) appearing for the Case

A.L. Hamilton, Placerville, Cal., for claimants-appellants.

Michael S. McDonald, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., El Paso, Tex., for plaintiff-appellee.

Before JOLLY and HILL, Circuit Judges, and HUNTER, District Judge.

E. GRADY JOLLY, Circuit Judge:

This case is on appeal to determine whether the district court properly ordered the forfeiture of $38,600 in United States currency under 21 U.S.C. § 881.1 The money, found in cash, taped under the claimant's car seat, was discovered during a warrantless search at a permanent Border Patrol checkpoint near Sierra Blanca, Texas. Because the government failed to establish probable cause for the belief that...

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