United States v. a Parcel of Land, Buildings, Appurtenances and Improvements, Known As 92 Buena Vista Avenue, Rumson, New Jersey, et al. (507 U.S. 111)
U.S. Supreme Court · decided February 24, 1993 · Supreme Court Database (Spaeth)
- Citation
- 507 U.S. 111 · 113 S. Ct. 1126
- Decided
- February 24, 1993
- Term
- October Term 1992
- Vote
- 6–3
- Majority author
- Justice Stevens
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Stevens announced the judgment of the Court and delivered an opinion, in which Justice Blackmun, Justice O’Connor, and Justice Souter join. The question presented is whether an owner’s lack of knowledge of the fact that her home had been purchased with the proceeds of illegal drug transactions constitutes a defense to a forfeiture proceeding under the Comprehensive Drug Abuse Prevention and Control Act of 1970, § 511(a), 84 Stat. 1276, as amended, 21 U. S. C. § 881(a)(6). I On April 3, 1989, the Government filed an in rem action against the parcel of land in Rumson, New Jersey, on which respondent’s home is located. The verified complaint alleged that the property had been purchased in 1982 by respondent with funds provided by Joseph Brenna that were “the proceeds traceable to an [unlawful] exchange for a controlled substance,” App. 13, and that the property was therefore subject to seizure and forfeiture under § 881(a)(6), id., at 15. On April 12, 1989, in an ex 'parte proceeding, the District Court determined that there was probable cause to believe the premises were subject to forfeiture, and issued a summons and warrant for arrest authorizing the United States marshal to take possession of the premises. Respondent thereafter asserted a claim to the property, was granted the right to defend the action, and filed a motion for summary judgment. During pretrial…
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