On summary judgment, the defendant\u2019s Art. III standing was not shown, but he gets a break to try again because the Ninth Circuit\u2019s law isn\u2019t clear. United States v. $133,420.00 in United States Currency, 2010 U.S. Dist. LEXIS 46863 (D. Ariz. April 9, 2010):<\/p>\n
Louis’ responses to the interrogatories merely assert bald, unexplained ownership and possessory interests in the currency. There is no explanation of how or why he acquired the funds. While he is entitled to invoke Fifth Amendment protection against self-incrimination, he does so at the peril of failing to produce sufficient evidence of standing to contest this civil proceeding. Louis has produced no evidence corroborating his claims other than the fact that the currency was in his possession at the time it was seized. Mere unexplained possession does not establish a possessory interest even at the pleading stage, and it is insufficient to create a genuine issue of material fact as to ownership.<\/p><\/blockquote>\n
The stop of defendant\u2019s car was justified, so the consent that came later was valid. United States v. Nero, 2010 U.S. Dist. LEXIS 46755 (S.D. Ga. April 2, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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