MUHAMMED v. DRUG ENFORCEMENT AGENCY

No. 95-3194.

92 F.3d 648 (1996)

Leo MUHAMMED; Antoinette Muhammed, Appellants, v. DRUG ENFORCEMENT AGENCY, ASSET FORFEITURE UNIT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1996.


Attorney(s) appearing for the Case

Oscar Trivers, Cleveland, OH, argued, for appellant.

Raymond Martin Meyer, Asst. U.S. Atty., St. Louis, MO, argued, for appellee.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


BEAM, Circuit Judge.

The Muhammeds appeal the district court's dismissal of their motion for return of seized property. We reverse.

I. BACKGROUND

This is a cautionary tale, illustrating the mischief to which our eagerness to employ forfeiture as a weapon in the war on drugs can lead. Although, due to the posture of the case, the factual record is sparse, the following can be gleaned from the complaint, affidavits, and the subsequent motion to dismiss...

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