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Property Keyed to Saxer
In re Seizure of $82,000 More or Less
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On February 15, 1996, Corporal Jack McMullin pulled over Roberto-Lopez and Guadalupe Cortez-Amezcua for speeding and following too closely. McMullin found fresh silicone along the undercarriage of their car and became suspicious. McMullin requested that Lopez-Velez and Cortez-Amezcua take the car to the state highway patrol garage for inspection. At the garage, Drug Enforcement Administration (DEA) agent, Carl Hicks, uncovered $24,000 in cash hidden in the car’s battery case. Lopez-Velez revealed that the money was proceeds from the sale of drugs, and that he had been hired to transport the money. Hicks released Lopez-Velez and Cortez-Amezcua but seized the money and the car. Afterwards, the DEA initiated a forfeiture action against the money and the car. Lopez-Velez initially contested the forfeiture, but failed to pursue the challenge. Consequently, on June 12, 1998, the DEA declared the money and the car abandoned. The DEA subsequently arranged to have the car sold. On February 1, 1999, Helen Chappell purchased the car. Noticing a fuel problem, Chappell arranged for Waldo Imports to repair the car. As he repaired the car, the mechanic found bundles of cash floating in the car’s fuel tank, totaling $82,000. The mechanic reported his discovery to the DEA and the DEA seized the money from the mechanic. Chappell and her husband (Plaintiffs)filed for the return of the money while the Government (Defendant) filed for forfeiture of the money as drug proceeds. Plaintiffs moved for summary judgment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.