1. Home
  2. Browse Decisions
  3. F.2d
  4. 920 F.2d
  5. 920 F.2d 159 (1990)
 

U.S. v. $37,780 IN U.S. CURRENCY

No. 1159, Docket 90-6003.

920 F.2d 159 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. $37,780 IN UNITED STATES CURRENCY, Defendant-Appellee, Victorino Hernandez, Claimant.

United States Court of Appeals, Second Circuit.

Decided December 3, 1990.

Attorney(s) appearing for the Case

Russell P. Buscaglia, Buffalo, N.Y., Asst. U.S. Atty., W.D.N.Y. (Dennis C. Vacco, U.S. Atty., W.D.N.Y., Sara Criscitelli, Atty., U.S. Dept. of Justice, of counsel), for appellant.

Michael P.J. McGorry, Buffalo, N.Y. (Silverberg, Yood, Sellers & McGorry, of counsel), for claimant/appellee Hernandez.

Before PRATT and MINER, Circuit Judges, and RE, Chief Judge for the United States Court of International Trade, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

On this appeal, we must determine what effect the unconstitutional seizure by government agents of $37,780 in currency has upon a subsequent civil action brought under 21 U.S.C. § 881 and 19 U.S.C. § 1610 for forfeiture of the currency. The district court granted summary judgment to the claimant, holding that the illegal seizure barred any later forfeiture action, and it ordered the money returned to the claimant despite the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases