Baker v. United States

722 F.2d 517 Manuel BAKER and Betty Jean Fowler, Plaintiffs-Appellants, v. UNITED STATES of America, George L. Heard, Drug Enforcement Administration, Resident Agent-In-Charge; Gary Elliott, Special Agent, Drug Enforcement Administration; and Leonard Luke, Special Agent, Drug Enforcement Administration, Defendants-Appellees. No. 83-1957. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1983. Decided Dec. 20, 1983. Richard McKnight, John J. Momot, Jr., Las Vegas, Nev., for plaintiffs-appellants. William C. Turner, Asst. U.S. Atty., Las Vegas, Nev., for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before WRIGHT, CHOY and POOLE, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Baker and Fowler seek damages for property forfeited by the Drug Enforcement Administration under 21 U.S.C. Secs. 841 (a)(1) and 881(a)(6). They have not alleged any specific property interest in the forfeited items. Instead, they contend that the fifth amendment privilege against self-incrimination protects them from having to allege a specific property interest. Their privilege claim is based on pending criminal investigations for narcotics…