Julie Lelath Seguin v. Donald L. Eide, Et Ux.

The events surrounding the seizure of Ms. Seguin’s 1974 Dodge Dart automobile are fully set forth in our original opinion in this case. See Seguin v. Eide, 645 F.2d 804, 806-07 (9th Cir.1981). Certiorari was granted by the United States Supreme Court, — U.S. —, 103 S.Ct. 2446 , 77 L.Ed.2d 1328 , and this case was remanded for reconsideration in light of the four-part balancing test adopted by the Court in United States v. Eight Thousand Eight Hundred and Fifty Dollars ($8,850) in United States Currency, — U.S. —, 103 S.Ct. 2005 , 76 L.Ed.2d 143 (1983) (hereinafter referred to as $8,850).

A. The $8,850 Balancing Test

In $8,850, the Court held that due process required filing within a meaningful time by Customs of a judicial forfeiture action subsequent to seizure of undeclared currency at a border checkpoint. $8,850, — U.S. —, —, 103 S.Ct. 2005, 2011 , 76 L.Ed.2d 143 (1983). Whether due process has been satisfied, however, depends on the relevant facts and circumstances of the particular case. The Court identified four factors that must be balanced by the reviewing court in order to determine whether delay violates due process: (1) the length of the delay, (2) the reason for .the…