United States v. One 1931 Ford Sedan Automobile

The automobile here sought to be condemned was being operated on the streets of the city of Los Angeles, when it was pointed out to police officers by an informant, who stated that the same was then being driven by a bootlegger. The officers gave chase, and, when they approached the car, the driver abandoned the same, and escaped. The latter has never been arrested. The ear was found to contain a five-gallon can of alcohol, upon which no tax had been paid. The intervener is the owner of said automobile, under a conditional sales contract issued to one Joe Enterante, who is in default thereon in the sum of $385.56.

The intervener contends that the ear was seized while being used in the illegal transportation of liquor, and therefore the government may not obtain a forfeiture under the provisions of section 3450, U. S. Rev. St. (26 USCA §§ 1181, 1182), but is restricted to the procedure prescribed by section 26, title 2, of the National Prohibition Act (27 USCA § 40).

In United States v. Chevrolet Truck and United States v. Chevrolet Coupé (D. C.) 30 F.(2d) 830, 831 , the evidence established facts virtually identical with those presented in the proceeding at bar. In the course of…