Dwyer

MEMORANDUM DECISION AND ORDER

(Amended)

Petitioner’s motion for return of property came on for hearing before the Honorable Gordon Thompson, Jr. on June 26,1989. George Weingarten appeared on behalf of the petitioner. Assistant United States Attorney John A. Houston appeared on behalf of the respondent. Having reviewed the pleadings, exhibits, and arguments in favor and in opposition to the motion, the Court rules as follows.

BACKGROUND

On February 21,1989, the Drug Enforcement Administration (“DEA”) seized petitioner Robin Dwyer’s 1985 Mercedes Benz. The DEA seized the vehicle in connection with “Operation Crankcase,” a massive methamphetamine sting conducted through Triple Neck Supply Company, a retailer of chemicals. Ronald Martenson, Ms. Dwyer’s boyfriend, was a target of the sting. He allegedly drove Ms. Dwyer’s Mercedes to Triple Neck Supply on at least one occasion, and used the vehicle to transport the chemicals he purchased for the purpose of manufacturing methamphetamine.

The DEA seized the vehicle under 21 U.S.C. section 881 (a) because there was reason to believe that it was used to transport chemicals for the purpose of manufacturing a controlled substance. The…