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IN RE WARRANT TO SEIZE ONE 1988 CHEV. MONTE CARLO

No. 88-1304.

861 F.2d 307 (1988)

In re Application for WARRANT TO SEIZE ONE 1988 CHEVROLET MONTE CARLO and one 1987 Chevrolet Camaro. Appeal of UNITED STATES of America.

United States Court of Appeals, First Circuit.

Decided November 14, 1988.

Attorney(s) appearing for the Case

Robert L. Ullmann, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., was on brief for petitioner.

Before TORRUELLA and SELYA, Circuit Judges, and ATKINS, Senior District Judge.

SELYA, Circuit Judge.

This appeal raises a single, straightforward question: can a district court issue warrants authorizing the seizure of automobiles for civil forfeiture where (i) probable cause has been shown, but (ii) no complaint in rem has been filed, (iii) the property has not been the subject of an earlier judgment, and (iv) no exigent circumstances exist? The United States District Court for the District of Massachusetts answered this inquiry in the negative...

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