99 Cal. Daily Op. Serv. 2656, 1999 Daily Journal D.A.R. 3482’s Empirical Analysis

Citation profile

1 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The forfeiture procedures of the customs laws [are] set forth in 19 U.S.C. §§ 1602-1619 and implementing regulations .... The notification requirements for seizures valued at $500,000 or less are set forth in 19 U.S.C. § 1607 . Under these procedures, the DEA is required to publish notice of the seizure and intent to forfeit the seized article for at least three successive weeks, and to send written notice of the seizure and information on the applicable procedures to any person who appears to have an interest in the seized article. A person desiring to claim the seized property then has 20 days from the date of the first publication of the notice to file a claim, accompanied by a cost bond (or affidavit of indigence). If no claim is filed or bond given within this time, the property is declared forfeited to the United States and sold or otherwise disposed of according to law. This process is commonly referred to as "administrative forfeiture” and has the same force and effect as a final order of forfeiture in a judicial forfeiture proceeding in a district court. If a claim and satisfactory bond are received within the 20 day deadline, or if the property is not subject to 19 U.S.C. § 1607 (for instance, if the value exceeds $500,-000), the DEA must transmit a report of the case to the U.S. Attorney for the judicial district in which the seizure was made for the institution of condemnation proceedings, commonly referred to as "judicial forfeiture” proceedings. Judicial forfeit”

   1 later decision quote this exact passage · from the majority
   e.g. 58 F. Supp. 2d 660 - United States v. $57,960.00 in United States Currency

2. “Ordinarily, statutes of limitation are primarily designed to assure fairness to defendants. Such statutes promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared. The theory is that even if one has a just claim it is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time comes to prevail over the right to prosecute them.”

   1 later decision quote this exact passage · from the majority
   e.g. 52 F. Supp. 2d 1160 - United States v. Funds Representing Proceeds of Drug Trafficking in the Amount of $75,868.62

3. “A person aggrieved ... by the deprivation of property may move the district court for the district in which the property was seized for the return of the property on the ground that such person is entitled to lawful possession of the property. The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted, the property shall be returned to the movant, although reasonable conditions may be imposed to protect access and use of the property in subsequent proceedings ....”

   1 later decision quote this exact passage · from the concurrence
   e.g. 24 F. App'x 710 - United States v. Wilson