United States v. One 1967 Cessna Aircraft, Serial No. P206-0318, Registration No. N4718F
Opinion
Opinion
Takasugi, J.
MEMORANDUM
FACTS
Plaintiff, United States of America, filed a Complaint for Forfeiture of one 1967 Cessna Aircraft under the provisions of 19 U.S.C. § 1595 &^) and 21 U.S.C. § 881 providing for seizure and forfeiture. Stephen Daniel Fischer (herein Fischer) as claimant filed an Answer alleging ownership. He then filed this motion to dismiss for lack of admissible evidence. The basis of this motion is essentially a claimed violation of the Fourth Amendment.
A brief summary of the salient facts is essential for an analysis of the case.
On August 27, 1975, Fischer contacted Edwin C. Remund (herein Remund) in order to negotiate a purchase of the latter’s aircraft. Arrangements were made to meet on August 29, 1975 to permit Fischer to inspect the plane and finalize the purchase.
On August 29,1975, agents of the United States Customs (herein Customs) contacted Remund and were advised of Fischer’s communication relative to the aircraft in question. Although Customs was desirous of installing a transponder in the plane at that time and, according to the plaintiff, secured Remund’s consent thereto, there was insufficient time to install the device because of the Fischer-Remund…