United States v. Padilla

888 F.2d 642 UNITED STATES of America, Plaintiff-Appellee, v. Mariuska PADILLA; Marco Padilla; Victor Sales; Humberto Padilla; Antonio Padilla; Rosa Padilla and Armando Padilla, Claimants-Appellants, and $40,787.00 U.S. Currency, Defendant. No. 87-6692. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1988. Decided Nov. 6, 1989. Thomas Hunter Russell, Hollywood, Cal., for claimants-appellants. Donna R. Eide, Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before SCHROEDER and REINHARDT, Circuit Judges, and HARDY, * District Judge. SCHROEDER, Circuit Judge: 1 Claimants Antonio Padilla and his family appeal from a judgment pursuant to 21 U.S.C. Sec. 881 (1982 & Supp. V 1987) forfeiting money furnished or intended to be furnished in exchange for a controlled substance. The judgment was entered following a hearing based on stipulated facts regarding the seizure of the money and the testimony of Padilla and others regarding its source. Two issues are presented. The first is whether the stipulated facts presented to the district court established probable cause to believe that…