UNITED STATES v. ONE 1967 BUICK RIVIERA, 2-DOOR

No. 25932.

439 F.2d 92 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. ONE 1967 BUICK RIVIERA, 2-DOOR Motor and Serial No. 4948774916784, California License No. UJU-023, its tools and appurtenances, Raul Ruiz, Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 1, 1971.


Attorney(s) appearing for the Case

John S. Lane, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellant.

David C. Marcus, Los Angeles, Cal., for claimant-appellee.

Before CARTER, WRIGHT and TRASK, Circuit Judges.


PER CURIAM:

The government appeals from a judgment of non-forfeiture under 49 U.S.C. § 781 et seq. This court has jurisdiction under 28 U.S.C. § 1291. We reverse.

Under 49 U.S.C. § 781 et seq., an action for forfeiture is an in rem proceeding against the vehicle. Forfeiture will be declared upon a showing of probable cause that it was involved in a violation of narcotic laws unless the claimant proves his right thereto. United States...

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