U.S. v. PROPERTY IDENTIFIED AS LOT NUMBERED 718

Civil Action No. 96-2100-LFO.

20 F.Supp.2d 27 (1998)

UNITED STATES of America, Plaintiff, v. PROPERTY IDENTIFIED AS LOT NUMBERED 718, et al., Defendants.

United States District Court, District of Columbia.

July 29, 1998.


Attorney(s) appearing for the Case

Robert Edward Lee Eaton, Jr., William Rakestraw Cowden, Linda Otani McKinney, William Barrett Wiegand, III, U.S. Attorney's Office, Washington, DC, for U.S.

Marvin D. Miller, Alexandria, VA, for Defendants.


MEMORANDUM

OBERDORFER, District Judge.

This case poses a novel legal question about the limits of the federal government's power of civil forfeiture when waging its war on drugs. Claimant Kimberly Honesty contends that the United States violated her due process rights when, without notice or an adversarial hearing, it secured an in rem arrest warrant on her home and allegedly used the threat of eviction as leverage in settlement negotiations...

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