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 pursuant to federal forfeiture statutes. 19 U.S.C. § 1703 ; 21 U.S.C. § 881 (a)(4). The district court held that Dickerson’s plane was subject to forfeiture under either statute. 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. 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 also conclude that the airplane is not subject to forfeiture under section 1703. 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 into the United States near Mexicali. The plane did not stop in Calexico, California, the required Airport of Entry, for transition into the United States in that area. The plane proceeded to the Hemet-Ryan Airport where it landed…