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UNITED STATES v. ONE (1) 1971 HARLEY-DAVIDSON MOTOR.

No. 73-1381.

508 F.2d 351 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. ONE (1) 1971 HARLEY-DAVIDSON MOTORCYCLE SERIAL # 4A25791H1, its Tools and Appurtenances, Defendant, Michael Ohlmann, Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 12, 1974.

Attorney(s) appearing for the Case

James Stotter, II, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellant.

Mary K. Gillespie (argued), of Legal Aid Foundation of Long Beach, San Pedro, Cal., for claimant-appellee.

Before CHAMBERS and WALLACE, Circuit Judges, and SMITH, District Judge.

OPINION

PER CURIAM:

We believe the district court was in error when it denied the forfeiture action of the United States, brought pursuant to 49 U.S.C. § 782, on the basis that the warrantless seizure of the motorcycle was unreasonable. While we do not condone illegal searches and while the district court's finding is supported by the evidence, that does not answer the question before us. "The mere fact of the illegal seizure, standing alone, does not...

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