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U.S. v. DICKERSON

No. 87-6003.

857 F.2d 1241 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Jerald Wayne DICKERSON, Claimant-Appellant, v. ONE CESSNA 421 B, AIRCRAFT, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1988.

As Amended on Denial of Rehearing September 22, 1988.

Attorney(s) appearing for the Case

Victor Sherman, Santa Monica, Cal., for claimant-appellant.

James R. Sullivan, Asst. U.S. Atty., Civil Div., Los Angeles, Cal., for plaintiff-appellee.

Before PREGERSON, CANBY, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Jerald Wayne Dickerson appeals the forfeiture of his Cessna airplane. The plane was seized by U.S. Customs agents pursuant to a federal forfeiture statute. 21 U.S.C. § 881(a)(4). Under section 881(a)(4), the government must first demonstrate that there was probable cause to believe the conveyance seized was used or intended to be used in narcotics transport. Once probable cause is shown, the burden shifts to the claimant (Dickerson) to...

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