United States v. One 1967 Porsche, Model 911-Targa Serial Number 500-677, Motor Number 912-018

Potter, the owner and operator of a 1967 Porsche Targa, was lawfully arrested for reckless driving and assault on an officer. Subsequently, while they were removing the Porsche from a restaurant parking lot at the request of the lot attendants, the arresting officers observed a brown leather pouch filled with hashish in plain view on the front seat of the car. The Porsche was seized and the government filed a complaint in rem requesting forfeiture pursuant to 49 U.S.C. §§ 781-788 . The trial court, sitting without a jury, found that Potter had used the automobile to transport narcotics in violation of 49 U.S.C. § 781 and ordered that the automobile be forfeited to the government. Potter appeals and we affirm.

Potter, contending that the forfeiture procedures are in violation of the Constitution, argues (1) that the forfeiture itself violates due process, and (2) that the seizure without a hearing violates due process.

I. THE FORFEITURE AND DUE PROCESS

Potter’s first argument is based upon the concern over the constitutionality of forfeiture expressed in United States v. United States Coin & Currency, 401 U.S. 715, 720-21 , 91 S.Ct. 1041 , 28 L.Ed.2d 434 (1971). The Court there…