| | Brief Bank II: indexed by issue |
| | ***************************************************************************************************** |
| | Complaint - particularity (Rule E) | [ | 73 | ] |
| | Defendants' Trial Memorandum in Support of Their Motion for Return of Property |
| | The civil forfeiture complaint seeking forfeiture of 51 parcels of real estate “and |
| | improvements and contents of improvements thereon” cannot reach personal property |
| | located outdoors on the properties, or inside vehicles or mobile homes not affixed to the |
| | by | Grantland, Brenda |
| | U.S. | v. | Aguirre | D.N.M. | 92-0486-JC | ( | 2002 | ) |
| | browser view: | available | BrowserView |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | available | RichTextFormat | [ | AguirreTrialM | ] |
| | PDF version: | [ | 36 | ] |
| | . |
| | MOTION FOR PARTIAL SUMMARY JUDGMENT |
| | Complaint failed to identify with particularity any specific items of personal property |
| | seized as “contents of improvements” and failed to allege with particularity facts |
| | showing probable cause to believe any of these items was used to facilitate a drug crime |
| | or traceable to proceeds. Since civil forfeiture cases are in rem – and the property itself |
| | is the defendant – the complaint fails to bring the items of personal property into the |
| | jurisdiction of the court, and therefore no judgment entered in the case could reach these |
| | by | Grantland, Brenda |
| | U.S. | v. | Aguirre | D.N.M. | 92-0486-JC | ( | 2002 | ) |
| | browser view: | available | BrowserView |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | available | RichTextFormat | [ | AguirreMOSJ | ] |
| | PDF version: | [ | 27 | ] |
| | . |
| | Monday, June 19, 2006 | Page 2 of 3 |
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