UNITED STATES v. ONE 1971 BMW 4-DOOR SEDAN

No. 79-3310.

652 F.2d 817 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1971 BMW 4-DOOR SEDAN, MODEL 2800, GRAY IN COLOR VIN 2320587, AZ. LIC. RNM-898, Defendant, and Ralph Tracy Eddinger, Claimant/Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1981.


Attorney(s) appearing for the Case

Phillip R. Morgan, Tucson, Ariz., for claimant/defendant-appellant.

Virginia Mathis, Tucson, Ariz., for plaintiff-appellee.

Before SNEED and SKOPIL, Circuit Judges, and NIELSEN, District Judge.


SNEED, Circuit Judge:

Appellant Eddinger appeals from the district court judgment and decree of forfeiture to the United States of a 1971 BMW sedan used to facilitate the sale of a controlled substance. He challenges the forfeiture on four grounds: (1) that he was entitled under the Constitution to a probable cause hearing within 72 hours of the government's seizure of his automobile; (2) that the two and one-half month lapse of time between the seizure and initiation...

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