DeSantis v. State’s Empirical Analysis
2005
Citation profile
14 state decisions
Relationships
Applies 21 U.S.C. § 873 (§ 503 of the Controlled Substances Act) · 21 U.S.C. § 881 (§ 511 of the Controlled Substances Act)
Relies on United States v. One Ford Coupe Automobile · Dodge v. United States · Madewell v. Downs · Bryan v. Makosky · United States v. One Chevrolet Van H
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Indeed, almost all of the cases having considered this issue have assumed that state authorities cannot avoid their own state laws when they transfer property to federal officials [pursuant to the adoptive-seizure doctrine]. See, e.g., In re United States Currency, $844,520.00, 136 F.3d [581] at 583-84 [(8th Cir.1998)] (Loken, J., concurring); [United States v.] One 1987 Mercedes Benz Roadster, 2 F.3d [241] at 243-44 [ (7th Cir.1993) ]; [United States v.] One 1979 Chevrolet C-20 Van, 924 F.2d [120] at 122-23 [(7th Cir.1991) ]; Johnson [v. Johnson ], 849 P.2d [1361] at 1363 [(Alaska 1993)]; In re $3,166,199, [ 337 Ark. 74 ,] 987 S.W.2d [663] at 667 [ (1999) ]). But see Madewell [v. Downs ], 68 F.3d [1030] at 1040-43 [ (8th Cir.1995) ]; [United States v.] Winston-Salem[/Forsyth County Bd. of Educ.], 902 F.2d [267] at 272-73 [ (4th Cir.1990) ]. The U.S. Department of Justice has also urged deference to state law in this area. See In re United States Currency, $844,520.00, 136 F.3d at 583-84; United States Department Of Justice, Asset Forfeiture Law and Practice Manual, 2-21 to 2-22 (June 1988). We are in accord with these cases, and hold that State Police cannot avoid [state law] merely by asserting its right to request federal adoption and forfeiture .... ””
1 later decision quote this exact passage · from the concurrence““(e) Disposition of forfeited property “(1) Whenever property is civilly or criminally forfeited under this subchap-ter the Attorney General may— “(A) ... transfer the property to any Federal agency or to any State or local law enforcement agency which participated directly in the seizure or forfeiture of the property.””
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.