| | Brief Bank II: indexed by issue |
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| | Property involved in… | [ | 32 | ] |
| | AMENDED PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION FOR SUMMARY |
| | JUDGMENT |
| | Although plaintiff [claimant] bears a heavy burden to show that the warrant, on its face, |
| | shows inadequate probable cause, plaintiff contends that this is an appropriate case for |
| | the court to so hold. In short, Defendant Burge showed no nexus between the alleged |
| | buy in the street and plaintiff’s home. Defendant Burge had no knowledge of quantity or |
| | alleged drug activity of plaintiff. |
| | by | Kennedy & Oliver, P.C. |
| | ELIAS GONZALES | v. | City of Albuquerque | D.N.M. | CIV 03-1150 | ( | 2004 | ) |
| | browser view: | available | BrowserView |
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| | RTF version: | RichTextFormat | [ | Gonzales1 | ] |
| | PDF version: | [ | 232 | ] |
| | . |
| | CLAIMANTS' MEMORANDUM ON THE ISSUE OF EXCESSIVENESS |
| | Instrumentality is a threshold test. If the government fails to show a substantial |
| | connection between the property and the offense, the forfeiture is invalid. If the |
| | government succeeds in showing a substantial connection between the property, or the |
| | appropriate portion thereof, and the offense, then the claimant has the burden to show |
| | that forfeiture of his property would be grossly disproportionate given the nature and |
| | by | Grantland, Brenda |
| | U.S. | v. | RICHARD TOYFOYA | CR-93-0505-E | ( | 1995 | ) |
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| | RTF version: | RichTextFormat | [ | prop001 | ] |
| | PDF version: | [ | 157 | ] |
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| | Tuesday, June 20, 2006 | Page 1 of 2 |
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