Kevin Hogan v. William Von Raab, Commissioner of the U.S. Customs Service, Duane Oveson, and James Hipsher

959 F.2d 240 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kevin HOGAN, Plaintiff-Appellee, v. William VON RAAB, Commissioner of the U.S. Customs Service, Duane Oveson, and James Hipsher, Defendants-Appellants. No. 91-35157. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 22, 1991. Decided March 31, 1992. Before TANG, REINHARDT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Kevin Hogan's fishing boat was seized pursuant to the Zero Tolerance Policy promulgated by the Commissioner of the United States Customs Service, William Von Raab, and enforced by other customs officials, including Duane Oveson and James Hipsher. The policy required all boats carrying any amount of controlled substance to be seized. Hogan's boat became subject to seizure under the policy when a customs agent discovered 1.7 grams of marijuana in the coat of a crewmember, Minh Van Le, on May 11, 1988. The vessel was returned to Hogan on June 10, 1988, and his fine was reduced to…