US v. Certain Real Property Situated at Route 3, Civ. No. 81-3020.
| Decision Date | 25 July 1983 |
| Docket Number | Civ. No. 81-3020. |
| Citation | 568 F. Supp. 434 |
| Parties | UNITED STATES of America v. CERTAIN REAL PROPERTY SITUATED AT ROUTE 3, BOX 247E, MOUNTAIN HOME, AR.; A 24'4" Searay Cabin Cruiser, Hull Number Serm 55087412, Michigan State Registration No. 1980-MC0229JW; a 1977 Cadillac, Maroon in Color, Michigan License VGP740 VIN 6569R7Q488066; a 1972 Chevrolet Pickup Truck VIN CCE 142S104281; $71,499.41 U.S. Coin and Currency and Miscellaneous Household and Personal Property. |
| Court | U.S. District Court — Western District of Arkansas |
W. Asa Hutchinson, U.S. Atty., Steven N. Snyder, Asst. U.S. Atty., Fort Smith, Ark., for the United States.
The Government seeks to forfeit certain property, both real and personal, pursuant to 21 U.S.C. § 881 on the basis of the property's connection to the drug dealing activities of Joe T. Thompson. The case was tried without a jury on March 24, 1983. Although encouraged to obtain counsel, Thompson, who was in prison on that date, chose not to be represented. Nor did anyone else appear in person or by attorney at trial to assert an interest in the property. As will appear, the court has concluded that judgment should be entered for plaintiff, granting forfeiture of all subject property.
The uncontroverted evidence presented at trial by the Government indicates that Thompson dealt in large quantities of cocaine in the Detroit area between April, 1979 and June, 1980. In April, 1980 Thompson purchased ten acres in Mountain Home, Arkansas for $22,000.00. He paid the full purchase price in cash, and built a substantial log home on the property for which he also paid cash.
Thompson was arrested on May 18, 1981 at his home in Mountain Home. Subsequently he pleaded guilty to the charge of distribution of cocaine and was sentenced to six years. At the time of his arrest and during an inventory search the following day, law enforcement officers seized numerous items of property including the real estate, approximately $71,500.00 in cash, two vehicles, a cabin cruiser, jewelry, furniture, other miscellaneous personal property, and a quantity of drugs, all of which the Government now seeks to forfeit.
21 U.S.C. § 881 provides in pertinent part:
The illegal drugs found in Thompson's house are per se contraband forfeitable under section 881(a)(1). In addition, one of the vehicles, a 1977 Cadillac, is forfeitable under subsection (a)(4) based on evidence that the car was used by Thompson to transport illegal drugs and that at least one drug transaction took place inside the car.1 See United States v. 1964 Beechcraft Baron Aircraft, TC-740, FAA Reg., No. N444CP, Actual No. N914C, 691 F.2d 725 (5th Cir.1982).
The remainder of the property is forfeitable, if at all, under section 881(a)(6).2 Under this section, the Government is required to show probable cause to believe...
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