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BERKOWITZ v. UNITED STATES

No. 6411.

340 F.2d 168 (1965)

Samuel BERKOWITZ, Claimant, Appellant, v. UNITED STATES of America, Libellant, Appellee.

United States Court of Appeals First Circuit.

January 6, 1965.

Attorney(s) appearing for the Case

Sheldon Newman, Chelsea, Mass., with whom Leader & Newman, Chelsea, Mass., were on brief, for appellant.

William B. Duffy, Jr., Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, ALDRICH, Circuit Judge, and WYZANSKI, District Judge.

WYZANSKI, District Judge.

This case presents the issue whether when an agent of the United States Government has unlawfully arrested a person and, incident to that unlawful arrest, has taken from him, in violation of the Fourth Amendment to the United States Constitution, his property, the Government, over that person's objection, can maintain a libel to forfeit that property if the Government shows that the property was intended for use in violating the internal...

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