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U.S. v. U.S. CURRENCY $83,310.78

No. 87-1853.

851 F.2d 1231 (1988)

UNITED STATES of America, Plaintiff-Appellee, Alice Harris, Claimant/Appellant, v. U.S. CURRENCY, $83,310.78, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1988.

Attorney(s) appearing for the Case

Robert Waggener and Stuart Hanlon, Tamburello, Hanlon & Bresciani, San Francisco, Cal., for claimant-appellant.

R. Steven Lapham Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before BROWNING, ALARCON and NORRIS, Circuit Judges.

ALARCON, Circuit Judge:

In this civil forfeiture proceeding, Alice Harris (Harris) appeals from the denial of her motion under Fed.R.Crim.P. 41(e) for the return of currency seized from her residence and from the order granting summary judgment against her on the merits of her claim that the government lacked probable cause to believe the currency seized was connected to an illegal drug transaction.

We must first decide whether it is proper to deny a Rule...

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