Larry Dean Dusenbery v. United States (534 U.S. 161)
U.S. Supreme Court · decided January 8, 2002 · Supreme Court Database (Spaeth)
- Citation
- 534 U.S. 161 · 122 S. Ct. 694
- Decided
- January 8, 2002
- Term
- October Term 2001
- Vote
- 5–4
- Majority author
- Justice Rehnquist
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. This case concerns the adequacy of the means employed by the Federal Bureau of Investigation (FBI) to provide notice to a federal prisoner of his right to contest the administrative forfeiture of property seized during the execution of a search warrant for the residence where he was arrested. In April 1986, officers of the FBI arrested petitioner Larry Dean Dusenbery at a house trailer in Atwater, Ohio. Later that day, they obtained and executed a search warrant, seizing drugs, drug paraphernalia, several firearms, a ballistic knife, an automobile registered in the name of petitioner's stepmother, and various other items of personal property. Among these was $21,989 in cash, $394 of which had been found on petitioner’s person, $7,600 in the inside pocket of a coat in the dining area and $14,045 in a briefcase found on the floor in the living room. Two months later, petitioner pleaded guilty in the United States District Court for the Northern District of Ohio to a charge of possession with intent to distribute 813 grams of cocaine in violation of 21 U. S. C. § 841(a)(1) (1988 ed.). He was sentenced to 12 years of imprisonment followed by 6 years of special parole. Two years later, the United States, no longer expecting the firearms and knife to be used as evidence in a future prosecution, and unable to determine…
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