United States v. One 1967 Buick Riviera

439 F.2d 92 UNITED STATES of America, Plaintiff-Appellant, v. ONE 1967 BUICK RIVIERA, 2-DOOR Motor and Serial No. 4948774916784, California License No. UJU-023, its tools and appurtenances, Raul Ruiz, Claimant-Appellee. No. 25932. United States Court of Appeals, Ninth Circuit. March 1, 1971. John S. Lane, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellant. David C. Marcus, Los Angeles, Cal., for claimant-appellee. Before CARTER, WRIGHT and TRASK, Circuit Judges. PER CURIAM: 1 The government appeals from a judgment of non-forfeiture under 49 U.S.C. 781 et seq. This court has jurisdiction under 28 U.S.C. 1291. We reverse. 2 Under 49 U.S.C. 781 et seq., an action for forfeiture is an in rem proceeding against the vehicle. Forfeiture will be declared upon a showing of probable cause that it was involved in a violation of narcotic laws unless the claimant proves his right thereto. United States v. Andrade, 181 F.2d 42, 45 (9th Cir. 1950). 3 Claimant offered no evidence in the district court. Therefore, we must determine if there was probable cause for institution of the forfeiture action. See United States v. One 1950 Chevrolet 4-Door Sedan, 215 F.2d 482, 483 (10th Cir.…