Wednesday, June 01, 2005
Unlawfully Seized Property
: "The Ninth Circuit has consistently held that the fruits of an unlawful seizure, including the forfeitable item, may not be used as evidence during a forfeiture trial. United States v. $ 191,910.00 in U.S. Currency, 16 F.3d 1051, 1063 (9th Cir. 1994); United States v. $ 277,700.00 in U.S. Currency, 941 F.2d 898 (9th Cir. 1991). The court rejected the government's argument that the money is the nominal defendant and could not be suppressed even if it was obtained as a result of an unlawful seizure, stating that precedent, logic, and common sense precluded the arguments. The court also rejected the government's assertion that INS v. Lopez-Mendoza supported its position, stating that 'an examination of the facts' indicated that the Court was not stating that an illegally seized res is admissible for its evidentiary value in a forfeiture proceeding, but merely restating the settled principle that the government can maintain an action against a defendant even if that defendant's presence was unlawfully procured. $ 191,910.00, 16 F.3d at 1063. The Ninth Circuit expressly disagreed with the dictum and holding of the Eighth and Second Circuits in $ 12,390.00 and $ 37,780.00, and noted in a footnote that 'the majority of circuits to consider the issue have agreed with the rule . . . adopted in $ 277,700.00, which requires the suppression of an illegally obtained res.' The court then cited earlier dicta by the Eighth Circuit that 'had the money in this case been sei"
Thursday, February 17, 2005
Ligas De Las Leyes De Mexico
http://www.jalisco.gob.mx/index.html
http://info4.juridicas.unam.mx/ijure/tcfed/1.htm?s=
http://www.congresogto.gob.mx/
http://www.gob.mx/wb2/egobierno/egob_Constitucion_Mexicana
http://www.guanajuato.gob.mx/index.html
http://info4.juridicas.unam.mx/ijure/tcfed/194.htm?s=
http://www.mexlaw.com/best_websites/appendix3.html
http://www.mexico.gob.mx/
http://www.gob.mx/
http://info4.juridicas.unam.mx/ijure/tcfed/1.htm?s=
http://www.congresogto.gob.mx/
http://www.gob.mx/wb2/egobierno/egob_Constitucion_Mexicana
http://www.guanajuato.gob.mx/index.html
http://info4.juridicas.unam.mx/ijure/tcfed/194.htm?s=
http://www.mexlaw.com/best_websites/appendix3.html
http://www.mexico.gob.mx/
http://www.gob.mx/
Thursday, December 16, 2004
Subscribe to:
Posts (Atom)
