What is the test for finding probable cause for the forfeiture of a property de novo?

MultiRegion, United States of America

The following excerpt is from Schulte v. Four Miscellaneous Computers, Including Monitors, Components and Accessories Valued at $10,000.00, 76 F.3d 388 (9th Cir. 1996):

We review a district court's determination of the existence of probable cause for the forfeiture of property de novo. United States v. Padilla, 888 F.2d 642, 643 (9th Cir.1989). In civil forfeiture proceedings, a grant of summary judgment "must necessarily be construed in light of the statutory law of forfeitures." See United States v. One 56-foot Yacht Named the Tahuna, 702 F.2d 1276, 1281 (9th Cir.1983) (quotation omitted). In such proceedings, the government bears the initial burden of showing probable cause to believe that the property seized was the proceeds of a narcotics violation or was used to facilitate such a violation. See Padilla, 888 F.2d at 643. The burden of proof then shifts to the claimant to show by a preponderance of the evidence that the property was not involved in a narcotics violation. Id. at 645.

Other Questions


What is the test for forfeiture of a parcel of property where there is probable cause to believe that property is subject to forfeiture? (MultiRegion, United States of America)
What is probable cause when a court finds probable cause? (MultiRegion, United States of America)
Does a finding that a defendant was not a minor or minimal participant in the crime of sexual assault constitute a finding of probable cause of action? (MultiRegion, United States of America)
What is the burden of proving that the government has probable cause for forfeiture of a parcel of property? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
Is there a new finding of probable cause de novo? (MultiRegion, United States of America)
Does an affidavit supporting an affidavit that provides evidence of probable cause fail to support probable cause? (MultiRegion, United States of America)
Is a police officer's knowledge of the facts sufficient to constitute probable cause sufficient to be considered probable cause? (MultiRegion, United States of America)
What are the findings of a judge's finding that the affidavit in support of an application for a wiretap was not supported by probable cause and was stale? (MultiRegion, United States of America)
Is a finding of probable cause reviewable de novo? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.