United States v. Any & All Radio Station Transmission Equipment

MEMORANDUM *

San Francisco Liberation Radio and assorted real parties in interest (“SFLR”) appeal from the district court’s grant of summary judgment in favor of the United States. We affirm.

SFLR contends that the First and Fifth Amendments entitled it to notice and a hearing prior to the seizure of its radio broadcast equipment. It concedes, however, that this equipment was used for unlicensed radio broadcasting in violation of 47 U.S.C. § 301 . SFLR’s violation of § 301 subjected its equipment to forfeiture and seizure. 47 U.S.C. § 510 (a). And, the Supreme Court has established that predeprivation notice and hearings are not required for the seizure of personal property subject to forfeiture if: (1) seizure serves “important governmental purposes”; (2) “pre-seizure notice might frustrate” the relevant statutory purpose; and (3) seizure is “made by government officials rather than self-motivated private parties.” United States v. $8,850, 461 U.S. 555 , 562 n. 12, 103 S.Ct. 2005 , 76 L.Ed.2d 143 (1983) (citing Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663 , 94 S.Ct. 2080 , 40 L.Ed.2d 452 (1974)).

Seizure in this case did not violate the Fifth Amendment. It served…