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UNITED STATES v. DEVICE, LABELED THERAMATIC

No. 78-2998.

641 F.2d 1289 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. An Article of Device Consisting of One DEVICE, More or Less, LABELED in Part: (front) "THERAMATIC", Defendant and Dr. Ralph B. Cloward, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 30, 1981.

Attorney(s) appearing for the Case

James M. Sattler, Honolulu, Hawaii, for claimant-appellant.

Barry Grossman, Daniel J. Conway, Washington, D. C., for plaintiff-appellee.

Before SKOPIL, FLETCHER and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

On January 16, 1973, the United States Attorney for the District of Hawaii obtained a warrant of arrest in rem, directing the United States Marshal to seize a diathermy machine and accompanying leaflets belonging to appellant, Dr. Ralph B. Cloward, a Honolulu neurosurgeon. The propriety of the procedure used to obtain that warrant is the subject of this appeal. We agree with appellant's contention that, in the circumstances of this...

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