United States Ninth Circuit

In a civil forfeiture action seeking the proceeds of medical marijuana distribution, judgment for the government is reversed where the evidence relied upon by the district court was itself tainted by the illegal search and should have been suppressed, and without the suppressed evidence, the government lacked probable cause to connect the defendant currency to a violation of federal law.

Appellate Information

• Argued 03/12/2009
• Decided 10/20/2009
• Published 10/20/2009

Judges

• Before MICHAEL DALY HAWKINS, MARSHA S. BERZON, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul L. Gabbert, Santa Monica, CA, for the claimant-appellant.


• For Appellees:
  
• Thomas P. O'Brien, United States Attorney; Christine C. Ewell, Assistant United States Attorney, Chief, Criminal Division; Steven R. Welk, Assistant United States Attorney, Chief, Asset Forfeiture Section; P. Greg Parham (argued), Special Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.