United States v. Jerald Wayne Dickerson, Claimant-Appellant v. One Cessna 421 B, Aircraft

Jerald Wayne Dickerson appeals the forfeiture of his Cessna airplane. The plane was seized by U.S. Customs agents pursu ant to a federal forfeiture statute. 21 U.S.C. § 881 (a)(4). Under section 881(a)(4), the government must first demonstrate that there was probable cause to believe the conveyance seized was used or intended to be used in narcotics transport. Once probable cause is shown, the burden shifts to the claimant (Dickerson) to show by the preponderance of the evidence that the conveyance was not used to transport illegal drugs. The district court held for the government on both counts. The court forfeited the airplane. On appeal, Dickerson argues that the district court erred in finding that probable cause existed to believe his plane was used in narcotics transport. We conclude that the government failed to demonstrate probable cause because it did not sufficiently demonstrate that it secured Dickerson’s airplane between the time it was seized and when it was searched. We REVERSE.

FACTS

On February 27,1986, at about 6:30 a.m., U.S. Customs and Marine Corps radar operators picked up a target aircraft in Mexico heading north toward the United States. The plane crossed…