No. 79-3310

652 F.2d 817 UNITED STATES of America, Plaintiff-Appellee, v. ONE 1971 BMW 4-DOOR SEDAN, MODEL 2800, GRAY IN COLOR VIN 2320587, AZ. LIC. RNM-898, Defendant, and Ralph Tracy Eddinger, Claimant/Defendant-Appellant. No. 79-3310. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1981. Decided Aug. 3, 1981. Phillip R. Morgan, Tucson, Ariz., for claimant/defendant-appellant. Virginia Mathis, Tucson, Ariz., for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before SNEED and SKOPIL, Circuit Judges, and NIELSEN * , District Judge. SNEED, Circuit Judge: 1 Appellant Eddinger appeals from the district court judgment and decree of forfeiture to the United States of a 1971 BMW sedan used to facilitate the sale of a controlled substance. He challenges the forfeiture on four grounds: (1) that he was entitled under the Constitution to a probable cause hearing within 72 hours of the government's seizure of his automobile; (2) that the two and one-half month lapse of time between the seizure and initiation of in rem judicial forfeiture proceedings deprived him of his constitutional rights; (3) that he was given inadequate…