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UNITED STATES v. ONE 1967 PORSCHE, MODEL 911-TARGA, ETC.

No. 72-2678.

492 F.2d 893 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1967 PORSCHE, MODEL 911-TARGA SERIAL NUMBER 500-677, MOTOR NUMBER 912-018, et al., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 20, 1974.

Attorney(s) appearing for the Case

Carl B. Shapiro, San Anselmo, Cal., for defendant-appellant.

James L. Browning, Jr., U. S. Atty., Dennis M. Nerney, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH, GOODWIN and WALLACE, Circuit Judges

WALLACE, Circuit Judge:

Potter, the owner and operator of a 1967 Porsche Targa, was lawfully arrested for reckless driving and assault on an officer. Subsequently, while they were removing the Porsche from a restaurant parking lot at the request of the lot attendants, the arresting officers observed a brown leather pouch filled with hashish in plain view on the front seat of the car. The Porsche was seized and the government filed a complaint in rem requesting forfeiture...

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