· 5/19/2003
United States v. One Lincoln Navigator 1998, Freddie Bearden Wanda Breedlove Andrews, Claimants-Appellants
Citations
- 328 F.3d 1011
- 2003 WL 21135491
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where state law defines the “owner” of a vehicle as “a person who holds the legal title,” such legal title “establishes a prima facie case of ownership,” which, in the circumstances, conferred standing to contest the vehicle’s forfeiture
- applying state law to determine ownership interest, before concluding that the claimant had constitutional standing
- “Although many cases refer to [the definition of owner] as part of the standing inquiry, it is in fact an element of the innocent owner’s claim on the merits.” (internal quotation marks omitted)
- “This threshold burden is not rigorous: To have standing, a claimant ... need only show a colorable interest in the property, redressable, at least in part, by a return of the property.” (internal quotation and citation omitted)
- “Ownership interests are defined by state law with one important exception — Congress has declared that ‘a nominee who exercises no dominion or control over the property’ may not be an innocent owner.” (citation omitted)
- distinguishing between these two inquiries
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Fagg, Arnold
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.