· 4/4/2008
United States v. $148,840.00 in United States Currency
Citations
- 521 F.3d 1268
- 2008 U.S. App. LEXIS 7354
- 2008 WL 901783
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a district court may revisit the issue of standing at later stages of litigation
- holding that district court erred by dismissing forfeiture claimant for lack of standing, because court was required to view evidence in the light most favorable to claimant, the non-moving party
- holding that physical possession of the property at issue at the time of seizure, along with a claim of ownership in the property, is sufficient to establish Article III standing
- holding that “in a civil case a district court may strike conclusory testimony if the witness asserts the Fifth Amendment privilege to avoid answering relevant questions, yet freely responds to questions that are advantageous to his cause.”
- stating that Supplemental Rule C(6) serves as the requirement for statutory standing in a forfeiture action
- determining that claimant had established standing at summary judgment through verified claim and evidence that he had possessed currency found in his rental car
Source: CourtListener parenthetical corpus (CC0).
Judges: Lucero, Hartz, Gorsuch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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