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SCARABIN v. DRUG ENFORCEMENT ADMIN.

No. 90-4672.

919 F.2d 337 (1990)

Jeffrey M. SCARABIN, Petitioner, v. DRUG ENFORCEMENT ADMINISTRATION, Respondent.

United States Court of Appeals, Fifth Circuit.

December 18, 1990.

Attorney(s) appearing for the Case

Victor L. Roy, III, Baton Rouge, La., for petitioner.

Constantine D. Georges, Asst. U.S. Atty., New Orleans, DEA, Office of Chief Counsel, Asset Forfeiture Sec., Arlington, Va., for respondent.

Before GEE, SMITH, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

FACTS

Petitioner, Jeffrey Scarabin (Scarabin), operates a fuel dock and marine supply business at the Port Eads Marina in Plaquemines Parish, Louisiana. Port Eads is located about twenty nautical miles from the nearest road and is accessible only by aircraft and boat. At about 3 o'clock a.m. on June 1, 1990, personnel of the Plaquemines Sheriff's Department and the Drug Enforcement Administration (DEA) raided the Marina and found two...

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