United States Ninth Circuit

When the illegally seized res in a civil forfeiture proceeding consists of currency, courts may consider the fact that the illegally seized res is currency, although they may not introduce it into evidence or consider its amount. Also, despite the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), 19 U.S.C. section 1615 continues to require that the government show probable cause to institute a forfeiture action.

Appellate Information

• Argued 12/05/2007
• Decided 03/13/2008
• Published 03/13/2008

Judges

• BEEZER, Circuit Judge:, Before:  JEROME FARRIS, ROBERT R. BEEZER, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard B. Jones, Tucson, AZ, for the claimants-appellants.


• For Appellees:
  
• Paul K. Charlton, United States Attorney, District of Arizona and Joan G. Ruffennach and John Joseph Tuchi, Assistant United States Attorneys for the District of Arizona, Phoenix, AZ, for the plaintiff-appellee.